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WESTERN NIGERIA DEVELOPMENT CORPORATION V. JIMOH ABIMBOLA

(1966) JELR 87080 (SC)

Supreme Court  •  FSC. 37/1965  •  9 Jun 1966  •  Nigeria

Coram
BRETT, JUSTICE, SUPREME COURT ONYEAMA, JUSTICE, SUPREME COURT AJEGBO, JUSTICE, SUPREME COURT

Judgement

AJEGBO, J.S.C.

This is an appeal by the defendant, the Western Nigeria Development Corporation (hereafter referred to as “the Corporation”), against the judgment of Somolu, J., in the Ibadan High Court awarding £2,650-10s damages and 200 guineas costs against the Corporation for wrongful dismissal of the plaintiff from his employment.

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.” It is not in dispute that the plaintiff was a Foreman Grade I in the service of the Corporation and was on a salary of £726 per annum at the time of his dismissal.

The reason given by the Corporation for the dismissal was that a lorry was fraudulently removed from its workshop and that the plaintiff was privy to the fraudulent act. Relying also on the fact that the plaintiff had been querie…

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