Nigerian Romanian Wood & Anor V. J. O. Akingbulugbe (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE E. IYIZOBA, J.C.A.(Delivering the Leading Judgment)

This is an appeal from the judgment of Adegbenro J. of the Ondo High Court delivered on the 14th day of April, 2008. The plaintiff in the said High court claimed against the defendant in his further amended statement of claim as follows:-

(a) “A declaration that the purported termination of the plaintiff as Acting managing director of the defendant company pursuant to the letter of termination dated the 11th day of September, 1992 is irregular, illegal, unlawful, gross violation of the provisions of the conditions of service of the defendant’s company and rules of natural

justice, null and void and of no effect whatsoever.

(b) An order reinstating the plaintiff into the employment of the defendant company as Acting Managing Director with all rights, privileges and benefits of the office

IN THE ALTERNATIVE

The plaintiff claims against the defendant the sum of one million, five hundred and ninety four thousand, one

hundred and twenty-two naira sixty kobo as special damages for wrongful termination of appointment.

PARTICULARS OF SPECIAL DAMAGES

1. Salary per annum at N33, 400.00 from Sept 1992- Dec 2002 N K

With 10% annual increase 596,674. 61

2.Pension funds contributions at 15% annual salary of N18, 561.00

i. From Dec 1989 – July 1990 1,856. 10

ii. From August 1990-August 1992 at N25, 521.38 annual Salary 7,656. 41

iii. From Sept 1992- Dec 2002 at the annual salary of N33, 400