Bashiru Atanda V. H. Saffeiddine Transport Ltd. (2007)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A.

The Appellant was a Tanker Driver with the Respondent Company and by a letter dated 5th of January 1998, he was informed that his “services are no more required with effect from 05/1/98/.” When all efforts to persuade the Respondent to rescind its decision failed, he engaged the services of counsel, Prince Bioye A.

Oloyede Asanike, who wrote a number of letters to the Respondent, and when that also failed to achieve any results, he instituted an action at the Ibadan High Court of Oyo State, wherein he claimed as follows in the Writ of Summons-

(1) A Declaration that the termination of the Plaintiffs appointment by a letter dated 1st January 1998 is Illegal, unconstitutional and not in accordance with the terms and conditions of his employment with the Company. (Italics mine)

(2.) N10 Million Naira as general damages for the unlawful termination of the Plaintiff’s employment.

He claimed the same reliefs in paragraph 16 of the Statement of Claim dated 25th November 1998, and the Respondent in turn filed its Statement of Defence.

However, the Appellant amended his Statement of Claim on the 29th of January 2002.(pursuant to an Order of Court dated same day) by adding thereto a new paragraph 16 and additional paragraphs 17 -19, wherein he stated as follows-

(16) The Plaintiff states that as at the time his appointment was unceremoniously determined he was only 45 years old and had intended to resign/retire from the service of the Defendant on reaching the age of 65.

(17) The Plaintiff state that before his services was dispensed with he was earning about N10,200.00 per month as salary and allowances.

(18) The Plaintiff states that in order to know the exact amount he would have earned if his appointment was not determined in branch (sic) of the Terms and Conditions of his employment with the Defendant he contacted a Firm of Chartered Accountant and Management Consultant. The Paper prepared by the Firm of Chartered Accountants and Management Consultant is hereby pleaded and will be relied upon at the hearing of this case. [Exhibit F]

(19) WHEREOF the Plaintiff claim from the Defendant as follows-

(i) A Declaration that the determination of the Plaintiff’s appointment by a letter dated 5th January 1998 was a breach of the contract of employment between the Plaintiff and Defendant as contained in the Terms and Conditions of Employment made and entered into on 1st November 1993 but effective from 30th day of October 1996. (Italics mine)

(ii) Damages –

(I) Amount the Plaintiff is expected to have earned if his employment had not been determined illegally as salary,