Seven-up Bottling Company Plc V. Engr. Adedayo Ajayi (2007)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J.C.A.

In the Benin Judicial Division of the High Court of Justice, the Respondent who was the plaintiff made the following claim against the appellant as defendant.

“(a) A declaration that the defendant’s refusal to confirm Plaintiffs appointment after it was aver due for confirmation by over 6 months was a breach of the contract of employment which existed between the plaintiff and defendant.

(b) AS SPECIAL DAMAGES, the sum of N12,581.09 (Twelve thousand Five hundred and eighty two naira nine kobo) only as outstanding And unpaid leave allowance.

(b) AS SPECIAL DAMAGES, the sum N1,615.60 One Twelve thousand Five Hundred and eighty two naira nine kobo) only as outstanding and unpaid leave allowance.

(c) The sum of N1,615.60 One thousand six hundred and fifteen naira sixty kobo only) as pension fund deductions from the plaintiffs salary.

(d) The sum of N3,600.31 (Three thousand six hundred naira thirty one kobo only) as national Housing Fund deductions from the Plaintiffs salary.

(e) The sum of N3,686,400.00 Three Million six hundred and eighty-six Thousand for Hundred naira only) as transfer and settlement benefit due to the plaintiff.

(i) AS GENERAL DAMAGES, the sum of N4,022,500 (four million twenty-Two thousand five hundred naira only) for breach of contract And the consequential hardships caused to the plaintiff.

TOTAL N7,737,000.00 (Seven million seven hundred and thirty Seven thousand naira only).”

Pleadings were exchanged and the case went all trial and the respondent gave evidence and tendered various documents. The defendant also called one witness and parties counsel addressed the court after which the learned trial Judge after reviewing the evidence adduced by both sides and some decided authorities concluded as follows

“After the termination of the plaintiffs appointment by defendant, the plaintiff in his evidence in Chief said that due to non payment of his financial benefits by the defendant, he suffered financial trauma for over 30 months since he left the defendant company. He said his family also suffered hunger and starvation but on cross Examination he said that since the termination of his appointment he is currently a consultant with a Sweden Firm in Abuja, but before then he had done other jobs. He was previously a consultant with consulting firm in Warri before he moved to Abuja and what the defendants were paying him is pittance to what he currently earned in 7-up bottling company.

Plaintiff’s evidence on cross examination completely contradicts His evidence in Chief that he suffered financial trauma after the Termination of his appointment because the plain tiff did not tell “this Court how long he remained jobless if all after the termination of his Appointment by the defendant before he got the job in Warri. I am therefore unable to come to the conclusion that the plaintiff or members or his family suffered any financial trauma after the termination of his Appointment by defendant as such I cannot see this court awarding Any damages to the plaintiff.

It is my view that the plaintiff has a cause of action in view of the fact that he has not been paid all his entitlement by the defendants as I have found above. The plaintiff has also proved special damages as I found above.