Babatunde Ajayi Vs Texaco Nigeria Limited & Ors (1987)
LawGlobal-Hub Lead Judgment Report
OBASEKI, J.S.C.
On the 30th day of June, 1987, after hearing the submissions of counsel for the appellant and counsel for the respondents and reading the written briefs of arguments filed by the parties together with the record of proceedings, judgments of the Court of Appeal and the High Court, i.e. the two courts below, I, in concurrence with my learned brothers dismissed this appeal and reserved my reasons for the judgment till today. I now proceed to give them.
The claim filed by the appellant as plaintiff against the respondents as defendants in the High Court of Lagos State Holden at Lagos as set out in paragraph 29 of the statement of claim reads:
“The plaintiff claims against the 1st defendant company:
- A declaration that:
(a) The plaintiff is the Operations Manager of the 1st defendant company under a contract of employment;
(b) Any breach of the said contract of employment between the plaintiff and the 1st defendant company is illegal, invalid, ultra vires, null and void and of no effect;
An injunction restraining the 1st defendant company by itself, its servants and/or agents or otherwise from committing a breach of the said contract of employment existing between the plaintiff and the 1st defendant company or in any way interfering with the plaintiff in the performance of his duties as Operations Manager; ALTERNATIVELY, the plaintiff claims against the 1st defendant company N634,833.00 special and general damages for anticipatory breach of contract.
Particulars
(i) Salary and other emoluments and benefits for 9 1/2 years at
N64,422.00 per annum… … … N612,009.00
(ii) Pension… … … .. N20,000.00
(iii) Accrued Leave… … … N1,824.00
(iv) Leave Bonus… … … N1,000.00
Total… … … … N634,833.00
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