TEXACO OVERSEAS (NIG.) PETROLEUM COMPANY UNLIMITED V. ROLAND OKUNDAYE

AKAAHS, JCA (Delivering the Lead Judgment): This case has again brought to the fore the complete dependence of an employee on his employer in a purely master and servant relationship and the helplessness of the courts to interfere in a dispute arising from the employment if the terms of the contract have not been breached by the employer. All that the courts are enjoined to do is to interpret and give effect to the terms of the said contract and refrain from interfering therewith or reading extraneous matters thereto. See: Olatunde v. O.A.U (1998) 5 NWLR (Pt. 549) 178; Artra Industries (Nig) Ltd. v. N.B.C.I (1998) 4 NWLR (Pt. 546) 357.

The plaintiff now respondent sued and obtained judgment against the appellant for the sum of N10,101,040.00 for wrongful termination of his appointment. In the writ of summons and paragraph 13 of the amended statement of claim granted after the delivery of judgement, the plaintiff/ respondent claimed the following reliefs:- “(a) A declaration tha…