Sylvester Johnson Mayaki V. Lagos City Council Caretaker Committee (1977)

IDIGBE, J.S.C. 

This appeal is from the judgment of Candide Johnson, J., sitting in the Lagos State High Court in an action which, indeed, had a very chequered history. Originally the plaintiff, the appellant herein instituted a declaratory action against three defendants namely, the respondent herein, His Excellency Brigadier Mobolaji Johnson and the Attorney-General of the Federation of Nigeria.

After several multifarious interlocutory applications were entertained in the lower court, the learned Chief Justice of the High Court of Lagos State (Taylor, CJ.) before whom one of these applications was brought ruled that the action against the second defendant – His Excellency, Brigadier Mobolaji Johnson – was incompetent and dismissed the claim against him. At the time of the said ruling, the claim against the three defendants had by leave of the lower court, been amended to read:

“….. the plaintiff claims

(1) jointly and severally against 1st, 2nd, 3rd defendants, a declaration:

(a) that the plaintiff is a pensionable officer of the Lagos City Council (now Lagos City Council Caretaker Committee) and as such is entitled to payment of pension and gratuity from the funds of the council in accordance with the provisions of the law for the time being applicable in the service of the said Council.

(b) that the dismissal of the plaintiff from the office of the Town Clerk in the service of the 1st defendant by the second defendant as contained and conveyed in a letter No. AL/3 dated 28th November 1966 was ultra vires, against the rules of natural justice, illegal, void and of no effect.

(2) An order severally against the 1st defendant for the sum of N150,000 (75,000 old Nigerian Pounds) as damages for wrongful dismissal of the plaintiff by the 1st defendant from the office of the Town Clerk in the service of the 1st defendant.

(3) An order jointly and severally against the 2nd and 3rd defendants for the sum of N150,000 (75,000 old Nigerian Pounds) as damages for unlawful interference with the contractual relationship between the plaintiff and the 1st defendant.

Particulars of Damages

(4) (i) loss of salary for 14 years N84,000

(ii) loss of gratuity N20,000

(iii) loss of pension N46,000

(iv) General damages N150,000”

(underlining supplied)