- Shena Security Ltd. vs. Afropak (Nig.) Ltd.
- ₦ 200
Shena Security Ltd. vs. Afropak (Nig.) Ltd.
SHENA SECURITY CO. LTD.
AFROPAK (NIG.) LTD.
INTERCONTINENTAL MERCHANT BANK LTD.
COURT OF APPEAL
SUNDAYA. AKINTAN, JCA ( Presided and Read the Lead Judgment )
MORONKEJI OMOTAYO ONALAJA, JCA
FRANCIS FEDODE TABAI, JCA
9TH JULY, 2002
ACTION - Civil Action - Party therein - When may be awarded interest
MASTER AND SERVANT - Termination of Appointment - Absence of terms
specifying length of notice to terminate appointment - Whether common law
principles may apply
MASTER AND SERVANT - Termination of appointment - Claim for wrongful
termination - Onus of proof - On whom lies - What plaintiff must prove
PRACTICE AND PROCEDURE - Civil action - Party therein - When may be
awarded interest - When appropriate
Whether the appellant was not entitled to more than one
monthâ€™s notice (or payment in lieu thereof) for the determination of its
employment with the respondent.
Whether the appellant was not entitled to general
plaintiff/appellant, a limited liability company had an oral agreement to
supply security men to guard the premises of the 1st respondent at Ota.
According to the plaintiff/appellant in compliance with the said agreement,
security men were supplied to the defendant/1st respondent with effect from
November, 1991 to October, 1992 when the defendant/1st respondent abruptly
terminated the agreement by ordering the security men supplied out of its
premises. Consequently, the plaintiff/appellant instituted a civil suit at the
lower court seeking declaratory relief and damages for the alleged wrongful
defendant/1st respondent on the other hand admitted that it entered into an
oral agreement with the plaintiff company to provide security men to guard its
factory premises at Ota; but due to unsatisfactory performance of the security
men supplied, the said agreement had to be terminated when allegations of
stealing properties of the defendant company was levelled against two of the
security men supplied.
At the conclusion of hearing, the learned
trial Judge having found that the agreement was wrongfully terminated granted
the plaintiffâ€™s claim for two monthsâ€™ arreas of wages and granted one monthâ€™s
salary as damages in lieu of notice. Dissatisfied with the lower courtâ€™s
judgment, the plaintiff filed this appeal.