DR. CHARLES OLADEINDE WILLIAMS V MADAM OLAITAN WILLIAMS
May 30, 2025ABU ISAH V. THE STATE
May 30, 2025Legalpedia Citation: (2008-05) Legalpedia (SC) 15161
In the Supreme Court of Nigeria
Fri May 9, 2008
Suit Number: SC.368/2002
CORAM
BELLO CHIEF JUSTICE OF NIGERIA
ALOYSIUS IYORGYER KATSINA-ALU, JSC,JUSTICE, SUPREME COURT
BELLO CHIEF JUSTICE OF NIGERIA
BELLO CHIEF JUSTICE OF NIGERIA
PARTIES
SHENA SECURITY CO. LTD. APPELLANTS
AFROPAK (NIG.) LTD
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant entered a parole contract for the supply of security guards of no fixed duration with the 1st respondent but payment was made monthly. ?
HELD
The court dismissed the appeal and held that a month notice was reasonable as found the lower courts.
ISSUES
1. Whether the Appellant needed to prove more by evidence than that the contract was one of general hiring (which could only be terminated with the current year)?
2. Whether the Court of Appeal was right to accept that one month’s pay in lieu of notice was adequate to compensate the Appellant in the circumstance?
3. Whether general damages should not have been awarded?
RATIONES DECIDENDI
NATURE OF DAMAGES RECOVERABLE FOR BREACH OF CONTRACT OF EMPLOYMENT
The damages recoverable usually in cases of wrongful dismissal/termination have well been pronounced upon by our courts in several decided cases damages are said to be the losses reasonably foreseeable by the parties at the time of the contract as inevitably arising if one breaks faith with the other. Certainly, they do not include or take account of speculative or sentimental values- Muhammad J.S.C
LENGTH OF NOTICE FOR TERMINATION OF EMPLOYMENT WHERE IT IS NOT STATED IN THE TERMS OF EMPLOYMENT
Where there is no mode of termination of the contract of service by any form of notice, the common law rule will apply. That rule is that the court will imply a presumption that contract of service is to terminate by reasonable notice given by either party. What amounts to reasonable notice will depend on the intention of the parties as revealed by the terms of the contract- Muhammad J.S.C
CASES CITED
1. Imoloame v. WAEC (1992) 9 NWLR (Pt. 265) 303; 2. Maiduguri Flour Mill Ltd. v. Abba (1996) 9 NWLR (Pt.473) Page 506 3. Daniels v. Shell B. P. Development Co. Ltd (1962) All NLR 194. Ajolore v. Kwara State College of Technology & Anor (1980) FNLR 414.
STATUTES REFERRED TO
NONE?
