Honika Sawmill (Nig.) Ltd. V. Mary Okojie Hoff (1994)

LawGlobal-Hub Lead Judgment Report

ONU, J.S.C. 

In the High Court of the defunct Bendel State holden in Benin City, Arthur Morgan Hoff, a Swedish National, then living and working in Benin City as plaintiff, by an Amended Statement of claim, sued the defendant company (Honika Sawmil (Nigeria) Limited) of which he was Managing Director/General Manager, claiming the following reliefs:-

1. A declaration that the letter reference number HNS/MH/Vo,. 5/5 dated 20th February, 1986 purportedly written to the plaintiff by the defendant together with the letters of 18th February and 4th March, 1986 determining the plaintiff’s appointment as the General Manager of the defendant Company is wrongful and amounts to wrongful dismissal.
2. A declaration that the plaintiff’s agreement with the defendant Company subsists.
3. A declaration that as long as the agreement of 22nd May, 1978 subsists the defendant is under an obligation in the said agreement to apply for and obtain requisite permits for the plaintiff so as to give effect to the said agreement.
4. A declaration that the plaintiff is entitled to his arrears of salary of N36,000.00 (Thirty Six Thousand Naira) per annum from 1st January 1979 to 20th February, 1986 amounting to N258,000.00 (Two Hundred and Fifty Eight Thousand Naira).
5. N36,000.00 (Thirty Six Thousand Naira being damages for wrongful dismissal.
6. An injunction to restrain the defendant by itself its servants or agents or otherwise however from further interfering with the plaintiffs right under the said agreement.

And the plaintiff claims the sum of N279,153.00 (Two Hundred and Seventy Nine Thousand One Hundred and Fifty Three Naira) being arrears of salary and damages for wrongful dismissal as follows:

Arrears of salary from 1st January 1978 to 20th February. 1986 at N36,000 per annum

… N258,000.00

Damages for wrongful dismissal … N36,00.00

… N294,000.00

Less drawings of … N14,847.00

…. N279,153.00

Pleadings were ordered, filed and delivered. The plaintiff later sought and obtained leave to amend both his Writ of Summons and the Statement of Claim. The case thereafter went to trial and after counsel had addressed the trial court, the latter found in favour of the plaintiff for most of his claims except the declaration for the purported wrongful dismissal, the claim for N36,000.00 damages and injunction.

Being dissatisfied with the trial court’s decision the defendant company thereinafter referred to as appellant) appealed to the Court of Appeal Benin. The plaintiff also cross-appealed. See the Notice and Grounds of Appeal at pages 105 – 107 of the trial court’s Record.

I wish to pause here to give a resume of the facts of the case leading to the appeal as follows:-

The plaintiff (now deceased) and who in the rest of this judgment I shall refer to as the respondent, was by a letter dated December 15, 1978 (Exhibit ‘B’ hereof) appointed the General Manager of the appellant. His position as the Managing Director of more or less a sinecure colouration, was by virtue of an agreement (Exhibit ‘A’), entered into between him and the appellant. When the appellant informed the immigration Authorities of the determination of the respondent’s appointment following the expiration of his resident permit with no desire on their part to extend his expatriate quota and its manifest intention to repatriate him, the respondent therefore instituted the suit giving rise to this appeal in order; presumably, to call the company’s bluff and to stem the action of the immigration Authorities.

During the pendency of the appeal in the Court of Appeal, the respondent died. Whereupon, the present respondent, his widow, was substituted with the leave of court. (See pages 124- I26 of the Record).