AYINLA AJAKAIYE VS AMODU OKANDEJI & ORS
August 26, 2025EBUE AKWO VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Feb 11, 1972
Suit Number: SC. 10/70
CORAM
ADETOKUNBO CHIEF JUSTICE OF NIGERIA
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO A.G. JUSTICE, SUPREME COURT
PARTIES
G. B. OLLIVANT (NIG.) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff was an accounts clerk for the defendants. By series of promotions, he became a supervisor of goods in transit and was awarded by the defendants. The plaintiff was posted from Apapa to Ilorin for negligence in the performance of his duties; he applied for leave but was refused. He fell ill, was admitted and later dismissed from work.
HELD
The court held that this appeal succeeds and it is hereby allowed, but the cross-appeal fails and it is hereby dismissed. The judgment of the High Court, Lagos, in Suit No. LD/568/69 together with the order for costs is set aside and it is hereby adjudged that the defendants/appellants shall pay to the plaintiff/respondent £752.16.8d as damages for wrongful dismissal.
ISSUES
Whether the claim was formed in contract or tort?
Whether the learned Judge error when he held that the claim was in tort.
RATIONES DECIDENDI
MEASURE OF DAMAGES IN WRONGFUL DISMISSAL
“As a general principle, in law in an action for wrongful dismissal, the normal measure of damages is the amount the employee would have earned under the contract for the period until the employer could lawfully have terminated it, less the amount the employee could reasonably be expected to earn in other suitable employment, because the dismissed employee, like any innocent party following a breach of contract by the other party, must take reasonable steps to minimize the loss.” MADARIKAN, JSC.
DIFFERENCES BETWEEN TORT AND CONTRACT
“At present day, tort and contract are distinguishable from one another in that the duties in the former are primarily fixed by law, while in the latter they are fixed by the parties themselves. Moreover, in tort the duty is towards persons generally; in contract it is towards a specific person or specific persons.” MADARIKAN, JSC.
CASES CITED
None
STATUTES REFERRED TO
None
