AKINFOSILE V. MOBIL OIL (NIG.) LTD.

• Pages: 376-381

AKINFOSILE V. MOBIL OIL (NIG.) LTD.

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376

In our view it is clear from

Danby v. Beardsley

[1880] 43 L.T.R. 603 that to suc-

ceed the plaintiff must show that it was the defendant who was actively instrumen-

tal in setting the law in motion against the plaintiff. and this was not shown here.

Moreover

Payin v. Alivah

[1953] 14 W.A.C.A. 267, in which from the judgment it

appears the facts were that "the appellant caused them (the respondents) to be

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prosecuted on a charge of stealing some coconuts from a plantation which the

appellant alleged was his property which in fact the plantation was, to his knowl-

edge, the property of the respondents", must be held in our view to have been de-

cided on the facts that the West African Court of Appeal found established there

in the lower court when the learned President said at page 268 -

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While it is true that the learned trial Judge found as a fact that it was an inspec-

tor of police 'who actually preferred the charge', and that such finding was

based on evidence given by a witness called by the respondents. there is a

considerable volume of evidence upon which the learned trial Judge was, in

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my view, justified in drawing the conclusion, which he did, that it was the ap-

pellant who was responsible for putting the law in motion against the respond-

ents, that it was he who instigated the prosecution.'

Here all that was proved was that the defendant through its employee reported

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the matter for investigation and it did not "instigate the prosecution' of the plaintiff

at all. The police,

2S

a result of the information given and after investigation, of

their own volition chose to prefer charges and prosecute the plaintiff; the defend-

ant cannot be held liable on a claim for false imprisonment in those circumstan-

ces for the completely independent action of the police.

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he appeal is accordingly allowed and the judgment in so far as it awarded the

plaintiff £80 damages for false imprisonment together with costs of 40 guineas in

the High Court is set aside and the plaintiff's claim is dismissed with 20 guineas

costs in the High Court to the defendant. The appellant is entitled to the costs of

this appeal which we assess at 46 guineas.

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Appeal allowed.

AKINFOSILE V. MOBIL OIL (NIG) LTD.

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AKINFOSILE

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APPELLANT

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MOBIL OIL NIGERIA LIMITED

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RESPONDENT

SUIT NO. SC/72

4

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1

966

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

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FATAI-WILLIAMS, J.S.C.

28th November, 1969.

Commercial Law - Agency - Rights of agent - Rights against principal - Wrongful

termination of agency - Remuneration - Agent wrongfully prevented from

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earning remuneralon - Damages for wrongful termination of agency limited to

amount agent would have earned during agreed period of notice of termination