judy.legal
Login Register

BERTRAM B. NWAJAGU v. BRITISH AMERICAN INSURANCE COMPANY (NIGERIA) LIMITED

(2000) JELR 43917 (CA)

Court of Appeal  •  CA/L/359/97  •  20 Apr 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; PUIS OLAYIWOLA ADEREMI JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, JCA (Delivering the Leading Judgment): The plaintiff was first employed by the defendant as a home service agent on a weekly subsidy of £12(pounds) (₦24) by letter dated 1st January, 1973 tendered as Exhibit "A". On 26th May, 1978 he was advanced to the position of Staff Manager and was given another letter of appointment which was received in evidence as Exhibits "B". Paragraph 2 of Exhibit "B" reads:-

"From the commencement of this appointment, you will receive a basic salary of ₦58.00 weekly together with commissions based on the business generated by the staff allocated to you in the district.

The terms of such commissions are contained in the attached Agreement which also sets out the conditions of service and responsibilities applicable to this appointment."

(Italics mine)

The Agreement referred to in Exhibit 'B' was put in evidence as Exhibit "DD".

Clauses 7, 8, 19 and 20 of Exhibit "DD" provide: -

"7. The Staff Manager agrees that in the event of the termination of thi…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login