CaseLaw
Omenka V. Morrison Ind. Plc (2000) CLR 11(L) (CA)
Brief
Facts
Appellant was an Executive Director of the respondent company which terminated his employment. They offered to pay him one-year basic salary being the sum of N85, 385.00 in lieu of notice of termination. Appellant rejected the offer and filed a suit against the respondent.
In the suit, appellant claimed a declaration that the respondent’s letter terminating his employment is null, void and of no effect, a declaration that he is still a member of the Board of Directors of the respondent company and is still in the employment of the respondent company as an executive Director and a perpetual injunction restraining the respondent otherwise the than in accordance with his condition of service and or in accordance with the Articles of Association of the respondent. In the alternative, the appellant claimed special damages in the sum of N1, 210,650.00 representing seven years rent plus allowances; and general damages in the sum of N289, 350 all totaling N1, 500,000.00.
The trial court held that the respondent did not comply with its articles of association nor with the law but that the parties were bound by the terms of Exhibit P12. It declined making the declaratory reliefs sought by the appellant but it awarded special damages of the sum of N147, 635 being the total of N64, 250 and N83, 385 earlier offered to the appellant by the respondent through the latter’s of termination. The trial court also awarded the sum of N25, 000.00 as general damages to the appellant.
Dissatisfied, the appellant appealed to the Court of Appeal.
Respondent was also dissatisfied with the part of the judgment cross-appealed to the Court of Appeal.