M.A. Enigbokan V. American International Insurance Co. (Nig.) Ltd.(1994)

LawGlobal-Hub Lead Judgment Report

OGUNDARE, J.S.C.

By a writ of summons issued in March. 1984 plaintiff (who is now appellant before us) claimed from the defendant. (now respondent) –

“1. An order that the defendant’s letter of dismissal dated the 27th February, 1984 purporting to dismiss the plaintiff from the defendant’s service with effect from the 25th February, 1984 is unlawful, null and void.

2. The sum of N60,000.00 being N41,309.12 special damages and N16,690.88 general damages against the defendant for the unlawful dismissal of the plaintiff by the defendant as per the said Defendant’s letter of 27th February, 1984.”

Pleadings were ordered, filed and exchanged, and by leave of Court amended. The case proceeded to trial on plaintiff’s fourth Amended Statement of Claim and Defendant’s Reply thereto. By paragraphs 37 and 38 of plaintiff’s final pleadings, he claimed as hereunder:

37.. 1(a) Salaries receivable for 15 years at N15,500.00 per annum N232,500.00

(b) Rent subsidy receivable for 15 years at N5,000.00 per annum 75,000.00

(c) House Rent Allowance receivable for 15 years at N2,000.00 30,000.00

2(a) Gratuity for 19 years service put in by the plaintiff i.e. 190% of basic salaries 29,450.004

(b) Gratuity for 15 years not rendered up to 60 years of age i.e. 160% of basic salaries 24,800.00

3(a) Pension for 5 years service rendered by the plaintiff i.e. 28 1/2% of basic salaries 4,417.50

(b) Pension for 15 years service not rendered up to 60 years of age i.e. 24%

of basic salaries (N15,500.00) 3,720.00

4(a) 1983 Leave entitlement at 5% of basic salaries N77 5,00

Unearned leave of 34 days