ABDALLAH V. ACHOU

• Pages: 402-406

ABDALLAH V. ACHOU

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402

In the event the appeal succeeds and it is allowed, the judgment of Omololu,

J. in the High Court, Lagos (Suit No. LD/578/65 is set aside and it is ordered that

the case be sent back to the court for hearing

de nova

The learned trial Judge

made no order for costs in the court below and we do not propose to disturb this

position. The respondents before us will however pay to the appellants the costs

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of this appeal fixed at 37 guineas.

Appeal allowed.

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ABDALLAH V. ACHOU

BOUTROS ABDALLAH

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APPELLANT

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(Trading under the name and

style of Nigerian City Girl

Press Company)

V

MICHAEL SAID ACHOU

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RESPONDENT

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SUIT NO. SC 25

7

/

1

968

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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19th December, 1969.

Commercial Law - Master and Servant - Action to recover salary earned cannot

be brought as damages for breach of contract - Must be brought as alternative

or separate claim to damages for breach of contract.

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ISSUES:

1.

Whether benelts which accrue to an employee can be included in the

assessment of damages for wrongful dismissal.

2.

Whether past salary or wages can be included in assessing damages for

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wrongful dismissal.

FACTS:

The plaintiff claimed damages for a breach of contract of employment. The

trial Judge found in his favour. The defendant appealed on the ground that past

salary, leave pay and a return ticket which had already been paid to the plaintiff

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were also awarded as damages. He contended that they were incurred debts and

not damages due to breach of contract.

HELD:

1.

That the propcsition in Halsbury 'he is also entitled to the amount of wages

earned but not paid at the date of his dismissal" whilst true in itself is highly

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misleading in the context in which it was put as the authorities do not support

the proposition that in an action for damages for wrongful dismissal one can

be awarded as damages the past salary or wages that have been earned.

It

would be possible either to bring the action in the alternative or to bring separate

claims in the same action or to bring separate actions as they are quite separate

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causes of action.

2.

The decision of the High Court was on the writ and statement of claim which

was based on damages for wrongful dismissal and it was therefore in error in

awarding as damages sums for past salary and two other items (leave pay and