Union Beverages Ltd V. M.a. Owolabi (1988)

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G. O. AGBAJE, J.S.C. 

This appeal came on for hearing on 2nd November 1987, after going through the briefs of argument of counsel for both sides and after listening to the arguments of counsel in open court I allowed the appeal summarily. I reserved my reasons for doing so till today. I now give the reasons.

The case now before us on appeal originated in the High Court of Justice, Oyo State in the Ibadan Judicial Division holden at Ibadan. There the plaintiff one M.A. Owolabi sued the defendant Company, Union Beverages Ltd. Because of the points arising for determination in this appeal, it is necessary to state in full the Plaintiff’s claim in that court against the defendant Since the statement of claim supercedes the writ of summons, the plaintiff’s claim will be taken as contained in paragraph 34 of the plaintiff’s amended Statement of Claim which reads as follows:

(a)”Declaration that the purported termination of the plaintiff’s appointment as Sales Manager by the defendants vide letter No. UBL/GM/PF/79 of 12th April 1979 is wrongful in that it is contrary to the conditions of the plaintiff’s employment and the rules of natural justice.

(b) Damages of N60, 970 for the wrongful termination of the plaintiff’s appointment as Sales Manager in the defendant’s Employment.”

Particulars of the claim for damages were given at paragraph 25 of the Same statement of claim thus:

“The plaintiff on retirement is entitled to gratuity, pension and other allied benefits from the defendant. PARTICULARS

Salary for 7 years N49,000.00

Leave Allowance for 7 years N 1,470.00

House Allowance for 7 years N10,500.00

N60,970.00”

Because of the nature of the points arising for determination in this appeal, it is only necessary for me after setting out the claim as I have just done to refer to the judgment of the trial court, the High Court, presided over by Ige, J., in favour of the plaintiff. The judgment is as follows:

“I hereby declare that the purported termination of the plaintiff from the employment of the defendant by a letter dated 12th April, 1979 was wrongful and in breach of the rules of natural justice and breach of Contract of Service. The defendant shall pay to the plaintiff 3 years salary with yearly increment of N500 per annum with effect from 1/1/79.

The defendant shall also pay the plaintiff his leave entitlement and other benefits such as House Allowance and Pension Allowance as are due to him for these 3 years.”