Underwater Engineering Co. Ltd. & Anor V. Darusha Dubefon (1995)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

The respondent in this appeal was the plaintiff in the High Court of Lagos State where he brought a civil action against the appellants as defendants in the said court for wrongful dismissal, breach of contract and conversion of his diving equipment.

His claim against the defendants jointly and severally is for the sum of N26,000.00and interest thereon at such rate and for such period as the court should think fit.

The respondent was employed by the 1st appellant as Chief Diver on 14:6:73. on a salary of N800.00 per month, a monthly sea allowance of N100.00 and a monthly housing and transport allowance of N100.00. In all, he was earning a total of N1,000.00 per month. The 2nd appellant is the Chairman/Managing Director of the 1st appellant.

Sometime in May, 1982, a report was made by the security men of the appellants of the theft of three rolls of thermolance belonging to the appellants. A complaint was later made to the police by the appellants and at the close of the investigation, the respondent and one Ben Ari, an expatriate were arrested and arraigned before an Apapa Chief Magistrate for conspiracy and theft of the rolls of thermolance. At the end of the trial on 23:8:82, the respondent and the expatriate were discharged and acquitted.

After his discharge, the respondent reported for duty but the appellants refused to reinstate him. The appellants also refused to pay him his monthly emoluments from May, 1982 despite repeated demands.

On 12th October, 1982, the respondent insisted on seeing the 2nd appellant about the future of his employment. It was on that day that the 2nd appellant told the respondent orally that his services were no longer required by the appellants and that his post had been filled.

The respondent also requested for the return of his wet suit (a diving equipment) which he left in the possession of the appellants. They refused to return it to him.

The respondent thereupon instituted the civil proceedings which gave rise to this appeal. As stated earlier in this judgment, he claimed the sum of N26,000.00 against both appellants jointly and severally as special and general damages.

The particulars of special damages are as follows:-

(i) N4,800.00 being basic salary for the months of May, June, July, August, September and October, 1982 at N800.00 per month.

(ii) N600.00 being housing and transport allowances for the months of May to October, 1982

(iii) N600.00 being sea allowance for the months of May – October, 1982 at N100.00 per month.

(iv) N700.00 being value of plaintiff’s wet suit equipment unlawfully converted by defendants.