P. C. AMOBI VS TEXACO AFRICA LTD
August 22, 2025ANOU INYAMA VS THE STATE
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 81431
In the Supreme Court of Nigeria
Fri Mar 17, 1972
Suit Number: SC. 636/66
CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
PATERSON ZOCHONIS & CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff was employed by the defendant and later promoted; she was subsequently queried for selling an item at a wrong rate, she replied the query but following her reply was the termination of her job.
HELD
The court held that the appeal must succeed and it is hereby allowed.
ISSUES
Whether upon the facts of this case, one months notice of termination of appointment was reasonable?
Whether the plaintiff was not entitled to general damages?
RATIONES DECIDENDI
DAMAGES FOR BREACH OF CONTRACT
“Where two parties have made a contract which one of them has broken, the damages in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.” MADARIKAN, JSC.
CASES CITED
Swiss-Nigerian Wood Industries Ltd. v. Danilo Bogo (S.C. 14/70)
Hadley v. Baxendale (1854) 9 Exch. 341
Koufos v. C. Czarnikow Ltd. (1967) 3 WLR 1491
Agbaje v. National Motors Ltd. (S.C. 20/68 )
STATUTES REFERRED TO
