Paterson Zochonis & Co. Ltd Vs A. J. Ogedengbe (1972)

LawGlobal-Hub Lead Judgment Report

MADARIKAN, J.S.C.

The respondent was the plaintiff in the Lagos High Court, (Suit No. LD/484/65), where she had claimed 1,000 pounds from the defendant as damages for wrongful dismissal. In the concluding paragraph of her Statement of Claim, she itemized the claim as follows:

“(1) One year’s salary at 280:0:0d per annum; being time within which plaintiff may likely get another employment.

(2) 720 pounds being general damages for wrongful termination of appointment.”

The plaintiff’s case was that she was employed by the defendant on the 12th of January, 1957, as a sales clerk and that subsequently she rose to the rank of shop keeper on a salary of 280 pounds per annum from 1st of June, 1965. On the 2nd of August, 1965, she received a query from the defendant asking her to explain why she had sold 5 yards of tetrex materials at the rate of 15/6d per yard instead of the selling price of 16/11d per yard. She sent a reply to the query the following day, but she maintained that, as a follow up of the query, her appointment was terminated by the defendant by letter dated the 4th of August, 1965, and marked as Exhibit 6 at the trial. Exhibit 6 reads as follows:

“4th August, 1965.

Mrs. A. J. Ogedengbe c.c. Wages Department

P.Z. & Co. Limited, c.c. The Retail Manager,

Department 2, Lagos

Broad Street,

Lagos. In reply please quote

“LSD/P.O43/70

Dear Madam,

T E R M I N A T I O N