Cadbury Nig. Plc. V. Olubunmi O. Oni (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of the High Court of Lagos State, Ikeja Judicial Division, which was delivered by the Hon. Justice A. A. Phillips, J. (as the learned trial Judge then was) on November 12, 2010 in Suit No. 1D/609/2008. By the Judgment in question, the Court below granted the Respondent’s claim in part, and dismissed the Appellant’s Counter-Claim in its entirety. Being dissatisfied with the vexed Judgment, the Appellant filed the Notice of Appeal thereof on 25/01/2011 in the Court below.

BACKGROUND FACTS: –

The genesis of the present appeal is traceable to April 16, 2008. That was the day the Respondent filed in the Court below a Writ of Summons and Statement of Claim, seeking some declaratory reliefs and damages for negligent breach of contract and malicious dismissal. By the Statement of Claim thereof, dated 15/4/08 but filed on 16/4/08, the Respondent claimed the following reliefs against the Appellant:-

(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.

(2) An order for payment to the Claimant of his rights and entitlements accruing until 6 months from the wrongful termination of his employment on 11th December 2006.

(3) Damages for wrongful dismissal and premature loss of employment and income for the 7 years remaining to retirement age.

(4) Damages for breach of the duty of Trust and confidence and deliberate, reckless or negligent injury to reputation and employability – N10,000,000.

(5) Damages for negligent breach of contract and malicious dismissal with intent to injure the credit and reputation of the Claimant.

(6) Costs.

By the amended Statement of Defence and Counter-Claim thereof, filed on 24/9/09, the Appellant denied the Respondent’s claim in its entirety. The Appellant equally counter-claimed against the Respondent for loss and damages, viz:

23.1. N2,822,819,000 (two billion, eight hundred and twenty-two million, eight hundred and nineteen thousand naira) was written off in the Defendant’s 2006 accounts in respect of fictitious stock.

23.2. Dividends of N1,601,345,000 (One billion, six hundred and one million, three hundred and forty-five thousand naira) paid out in 2004.

23.3. Dividends of N1,303,154,000 (One billion, three hundred and three million, one hundred and fifty-four thousand) paid in 2005.