Olubumi Oladipo Oni V Cadbury Nigeria Plc (2016)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Lagos State, Ikeja Judicial Division, the appellant in this appeal (as Claimant) took out a writ of Summons, accompanied by a Statement of Claim, against the respondent herein (as defendant). His claim before the said Court (hereinafter referred to as, the trial Court) was (on the face of it) for wrongful and unlawful termination of his of employment.

For their hearing on the ultimate outcome of this case, the pleadings, his grouse against the respondent are set out hereunder:

5. The express terms of his contract of employment as executive director provide for the payment of salary

6….

7. On 11th December, 2006, when the Claimant had been summoned to London by the principal Company (CSP) and remained there on their instructions, the defendant peremptorily repudiated the Claimant’s contract of employment by a letter signed by one “Imo J. Itsueli, Chairman” purportedly on behalf of the defendant.

(In passing, I note that the said letter was, subsequently admitted in evidence as exhibit C2).

8. The said letter was invalid and wrongful on its face for the following

reasons

(a) There was no or no valid meeting of the directors of the defendant at which the decision communicated on 11th December, 2006 was taken.

(b)…..

(c)No notice of the relevant board meeting was given to the claimant although he was at all times an extant member of the board of directors and legally entitled to such notice.

(pages 5-6 of Volume 1 of the record, italics supplied for emphasis. Again, I note in passing that both the trial Court, at pages 1785-1785 of Vol 3 of the record were to hinge the logic of their reasoning on these crucial averments)

In what, unarguably, must be seen as the confirmation of the said letter of December 11, 2006 as the cassus belli at the lower Court, the Claimant, first and foremost, beseeched that Court with a supplication for:

1. A Declaration that the purported dismissal of the Claimant by a letter dated 11th December,2006 signed by Imo J.Itsueli (Chairman of the Board) is wrongful, unlawful and is a repudiatory breach of the Claimant’s contract of employment.

(page 17 of Vol 1 of the record; italics supplied. Again, I note in passing that the lower Court affirmed the trial Court’s finding in favour of this limb of the Claimant’s relief.)

The defendant swiftly, reacted to the

Claimants Summons in its Statement of Defence and Counter Claim of June 6, 2008; processes that were, subsequently, amended. In effect, the defendant joined issues with the Claimant in the Amended Statement of Defence and Amended Counter Claim. [pages 1350 of the record]. These processes prompted the Claimant’s Reply and Defence to Counter Claim of September, 28, 2009.