Afrilec Ltd & Ors. V. Charles Lee (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Honourable Justice S. O. Ishola sitting at the High Court of Lagos State No.26, Ikeja Judicial Division delivered on the 16th day of September, 2005.

The facts that led to this appeal are as follows:

The Respondent herein was jointly employed by the 1st and 2nd Appellants as Project Manager between 1999 and 31st December, 2001 to oversee the construction of a soap factory contracted to the 1st and 2nd Appellants by Unilever Nigeria Plc, by virtue of a memorandum of understanding dated L3th September, 2001 Exhibit ‘A’. The Respondent undertook to supervise the execution of ‘UNILEVER SOAPS PROJECT’ for and on behalf of the Appellants and the Appellants on their own part undertook to pay N8,000,000.00 (Eight Million Naira) in six (6) instalments.

The Appellants paid the first five instalments, but did not pay the Respondent the sum of N1,250,000.00 covering the last stage of the contract of employment, contending that the Respondent breached the contract. The Respondent firstly lodged a complaint to the police, and later entered a suit at the trial court in which a claim of N1,250,000.00 was made. He commenced the suit by a specially endorsed writ of summons dated 8th May, 2002 accompanied with a statement of claim of the same date and filed on 18th June, 2002.

“The claim of the Claimant against the Defendants jointly and or severally is the sum of N1,250,000.00 (One Million Two Hundred and Fifty Thousand Naira) being damages for breach of contract of employment/service in respect of the supervision by the Claimant for and on behalf of the Defendants of the Unilever soaps project. The Claimant also claims interest at 21% per annum from 7th January 2002, until the whole amount is liquidated.

Issues were joined by the parties and after a full trial, the trial court entered judgment in favour of the Respondent in the sum of N1,250,000.00 (One Million Two Hundred and Fifty Thousand Naira only). The 1st, 2nd and 3rd Defendants now Appellants being dissatisfied with the judgment brought this appeal.

The Appellants’ brief dated and filed 24th of April 2007, was deemed properly filed on the 3rd of November, 2010.

The Respondent’s brief dated the 3rd of November 2010, was filed on the 18th of November, 2010.

Appellants’ counsel Theophilus Ochonogor, Esq. identified three (3) issues for determination as follows:-

(1) Whether the learned trial Judge was right when his lordship held that the Respondent was entitled to the sum of N1,250,000.00 (One Million Two Hundred and Fifty Thousand Naira only) claimed. (Ground 1-Vl of the Amended Notice of Appeal).

(2) Whether the learned trial Judge was right when his lordship held that the Appellants did not strictly prove their special damages and thereby dismissing their counter-claim for special damages (Grounds VII-IX of the Amended Notice of Appeal).

(3) Whether the learned trial Judge was right when his lordship held that the Respondent was not liable for false imprisonment of the 3rd Appellant and thereby dismissed the 3rd Appellant’s counter-claim for general damages (Ground X of the Amended Notice of Appeal).

On the other hand, Respondent’s counsel Alaba Okupe distilled two (2) issues for determination as follows:-