MARIAN ASABI CRAIG VS VICTORIA EMMANUEL CRAIG AND ANOR
September 1, 2025ALFRED IFEACHO VS BOARD OF CUSTOM AND EXCISE
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 50014 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jun 10, 1966
Suit Number: SC 37/1965
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
WESTERN NIGERIA DEVELOPMENT CORPORATION
APPELLANTS
JIMOH ABIMBOLA
RESPONDENTS
AREA(S) OF LAW
Law of contract- Wrongful Termination of employee-Award of Damages
SUMMARY OF FACTS
The plaintiff claimed £5,000 damages comprising £90-15s as special damages and £4,909-5s general damages. According to the writ the special damages represent “50 per cent of a month’s salary for three months at £60-10s a month during the period of purported suspension
HELD
Since one month’s notice before the termination of his appointment he is entitled to one month’s salary in the absence of notice.
ISSUES
Whether the damages and costs awarded to the Plaintiff were in order
RATIONES DECIDENDI
AWARD OF DAMAGES FOR WRONGFUL TERMINATION OF EMPLOYEE
‘The measure of damages for wrongful dismissal is, prima facie, the amount the plaintiff would have earned had he continued with the employment.’- Per Ajegbo, J.S.C.
TERMINATION OF AN EMPLOYEE
1. Where the defendant has a right to terminate the contract before the end of the term, damages should only be awarded to the end of the earliest period at which the defendant could have so terminated the contract- Per Ajegbo, J.S.C.
2. If there be a dismissal without notice the employer must pay an indemnity; but that indemnity cannot include compensation either for the injured feelings of the servant, or for the loss he may sustain from the fact that his having been dismissed of itself makes it more difficult for him to obtain fresh employment -Per Ajegbo, J.S.C.
CASES CITED
Addis v. Gramophone Company Ltd. [1909] A.C. 488 at page 491
STATUTES REFERRED TO
Mayne & McGregor on Damages, 12th edition, paragraphs 608-610.
