George Hutchful V. Hamilton Kweku Riney W. Riney And Company (Nigeria) Ltd (1971)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C.

In suit LD/88/68 in the Lagos High Court the plaintiff’s amended claim read:

“Amended claim

The plaintiff’s claim against the defendants jointly and severally:

(i) A declaration that the purported removal of the plaintiff by the first defendant from his offices as a director and general manager of the second defendant company is ultra vires the first defendant and illegal;

(ii) 5,000Pounds damages for wrongful removal of the plaintiff as such director; and

(iii) 5,250Pounds damages for wrongful removal of the plaintiff as such general manager.”,

And paragraphs 12, 13 and 19 of his amended statement of claim read:

“12. By a letter dated 30th October, 1967 and addressed to the plaintiff the 1st defendant informed the plaintiff he (the 1st defendant) has decided as from the date of the letter:

(a) To remove the plaintiff as a director, and

(b) To terminate the plaintiff’s appointment as general manager.

13. The plaintiff will contend at the trial of this action that the purported removal of the plaintiff as a director and the purported termination of the plaintiff’s appointment as general manager as pleaded in paragraph 12 hereof is ultra vires the first defendant and illegal.
14. By reason of the matters hereinbefore mentioned the plaintiff has suffered damages and claim as per the writ of summons and the particulars of damage hereunder:

Particulars of Damage

(a) Damages for wrongful

dismissal as general