Shena Security Company Ltd V. Afropak (Nigeria) Ltd & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

T. MUHAMMAD, J.S.C.

In a writ of summons taken from the High Court of Justice of Ogun State holden at Ota Judicial Division (trial court for short), the plaintiff made the following claim against the defendant:

“[i] A declaration that the unilateral termination by the Defendant of the plaintiff’s contract for service with the Defendant on the 22nd October, 1992 is unlawful, null and void.

[ii] N35,913.00 (Thirty Five Thousand, Nine hundred and Thirteen Naira) special and general damages for unpaid services and unlawful termination of the contract of employment between the plaintiff and the Defendant and/or for breach of contract.

SPECIAL OF PARTICULARS DAMAGES

[a} unpaid services for September, 1992 – N4,667.00

[b} unpaid services for October, 1992- N2,846.00

[c} Expected earning for the rest of October,

1992, November, 1992 and December, 1992 – N8,400. 00

N15,913.00

In paragraph 21 of his statement of claim, the plaintiff “Claims as per the writ of summons.”

The defendant denied the claims of the plaintiff in its entirety and maintained that the whole claim was misconceived, speculative gold digging, vexatious and frivolous and a grand abuse of due process of court which should be dismissed with substantial costs.

After taking evidence from the parties and closing addresses, the learned trial judge found that the termination of the plaintiff’s employment by the defendant was unlawful. He also found that the original contract was varied. He held that the plaintiff was only entitled to one month’s notice to terminate the contract or one month’s payment in lieu thereof. No general damage was awarded, according to the plaintiff but a sum of N15,001.00 was awarded.

Dissatisfied with some aspects of the trial court’s decision, the plaintiff appealed to the; Ibadan Division of the Court of Appeal (court below). The court below dismissed the appeal.