West Construction Company Ltd V Santos M. Batalha (2006)

LAWGLOBAL HUB Lead Judgment Report

AKINTAN, J.S.C.

The present respondent, Santos M. Batalha, a Portuguese national, instituted this action as plaintiff at Benin High Court in Edo State as suit No. B/643/94 against the present appellant, West Construction Company Limited, as defendant. The dispute that led to the institution of the case arose over failure of the defendant, now appellant, to pay the plaintiff, now respondent outstanding balance of salary/allowance for services rendered to the appellant company. The plaintiff’s claims, as set out in paragraph 13 of the amended statement of claim, are as follows:

‘”1. The sum of N4,000 being arrears of local salary/allowance and interest at the rate of 21% per annum from the 30th of April, 1994 till judgment and thereafter at the rate of 6% per annum until final payment.

2. The sum of $17,500 being arrears of his off-shore salary/allowance or its Naira equivalent at the rate of 21% per annum from 30th of April, 1994 till judgment and thereafter at the rate of 6% per annum till final payment.”

The appellant, a construction company, had by a letter dated 14th July, 1992 (exhibit A) employed the respondent as a project engineer. The terms and conditions of the respondent’s appointment were set out in the said letter, exhibit A. The letter reads, inter alia, as follows:

“Mr. Manual DCS Santos Datalha,

C/o West Construction Company Limited,

47 Siluko Road,

Benin City.

Dear Sir,

Offer of Appointment (Junior Position)

With reference to your application and a subsequent interview, we are pleased to offer you appointment as Project Engineer with effect from 1st July, 1992 on a salary of N4,000.00 (Four thousand naira) per month.

You will also be entitled to $2,500 (Two thousand five hundred dollars) per month. You will be on probation for a period of twelve (12) months after which your appointment will, subject to successful completion of probationary service, be confirmed.

In the event of termination of appointment during and after your probationary period, either party shall give one month’s notice to other or pay one month’s salary in lieu of notice.

While you are employed by West Construction Company, you are not to be involved directly or indirectly in any other employment or activities likely to come into real or apparent conflict with your employment with West Construction Company.