Ademola Atoyebi V. William Odudu (1990)

LawGlobal-Hub Lead Judgment Report

OLATAWURA, J.S.C. 

When this appeal came before us on 9th July, 1990, I allowed the appeal and indicated that the reasons for allowing the appeal would be given today. I now give my reasons.

The appellant who was the plaintiff sued the respondent, the defendant in the High Court of Kwara State, claiming the sum of Seventy Thousand Naira (N70,000.00) as special and general damages for “words falsely written and circulated at Borin in Kwara State of Nigeria in a circular dated 15th August, 1979 titled “DISCLAIMER” addressed to all practising estate surveyors in Borin by the defendant to the discredit of the plaintiff and which circular the defendant meant to and, which does in fact, refers (sic) to the plaintiff, as a result of which the plaintiff has been greatly injured in reputation, and has been brought into public scandal, ridicule and contempt.”

In his statement of claim dated 2nd day of January, 1980 and filed on 4th January, 1980 the plaintiff averred as follows:

“1. That plaintiff is a reputable chartered surveyor, estate agent and valuer and was formerly a senior estate surveyor and valuer with the defendant.

2. The plaintiff resides at No.17 Yoruba Road, Ilorin.
3. The defendant is also chartered surveyor, estate agent and valuer and the managing/senior partner of Odudu & Co., a firm of chartered surveyors carrying on business at 124, Ibrahim Taiwo Road, Ilorin.
4. The plaintiff was employed by the defendant on 31st August, 1976 and he was with the defendant until 13th August, 1979.
5. Between 31st August, 1976 and 13th August, 1979, the plaintiff rose from the post of an assistant estate manager to that of a senior estate surveyor, that is from an annual salary of N4,000.00 to that of N6,500.00, having been promoted five times by the defendant for what the defendant always described as the “plaintiff’s good performance.”
6. The plaintiff will rely on his promotion letter

of 31/8/76, 16/2/77, 24/8/77, 17/7/78

and 25/6/79 at the hearing of this suit.

On 17th March, 1978, the defendant promoted

plaintiff as associate member of his firm. The promotion letter is hereby pleaded.

8. By a letter dated 13th August, 1979

and signed by the defendant, the defendant

terminated the plaintiff’s employment without

notice and without giving the plaintiff an

opportunity to defend himself on the

unsubstantiated charges levelled against him (plaintiff)