LAGOS CITY COUNCIL V. AJANI

• Pages: 243-249

LAGOS CITY COUNCIL V. AJANI

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be indemnified for all that period during which the case was pending. We think

also that he would require some time, say a month, to decide on his appeal and

file same. On his return to Switzerland he would have to start all over again, but

he must seek alternative employment and not organise his life on the basis that the

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Lagos contract, which was breached and determined, however wrongly, was still

in operation. We consider that a period of six months from the time of his return

to his country should be adequate for him to re-settle down to another business.

On the whole, we consider that he would be entitled to damages measured by his

loss for a total of 14 months beginning from and including the month of May 1969

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i.e., a total amount of £4,200 using his monthly salary of £300 as a basis. If the

total amount of £1,600 which we are told had been already received by the plain-

tiff is then taken into consideratior, as indeed it should be, he would now be en-

titled to the difference between his total entitlement of £4,200 and that amount, that

is £2,600.

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We have already dealt with all the items of claim in respect of damages sought

by the plaintiff; and for the reasons contained in this judgment, we concluded that

the appeal succeeds, and it is allowed. The judgment of the High Court of Lagos

State in Suit No. LD/227/69, in so far only as it concerns the measure of damages,

is set aside, and for the avoidance of doubt it is ordered that all the awards under

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each and every one of the items of claim on the statement of claim be set aside.

It is hereby adjudged that the plaintiff be paid total damages for breach of his con-

tract of employment by the defendants of £4,200, from which amount should be

deducted a sum of £1,600 already paid to him in virtue of orders of court in the

course of this case, that is, a balance of £2,600.

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The plaintiff will pay the costs of the appeal in this court fixed at 63 guineas.

As both parties have succeeded in part before the High Court, we will not disturb

the awards made as to costs in the court below.

Order accordingly.

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LAGOS CITY COUNCIL V. AJANI

35

LAGOS CITY COUNCIL

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APPELLANT

V

EMMANUEL AYODEJI AJAYI

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RESPONDENT

SUIT NO.SC 74/1968

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SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

25th September, 1970

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Land Law - Compulsory acquisition of lands - Two methods of valuation in

evidence - Judge rejecting one method - Whether bound to accept in its

entirety the other method - Public Lands Acquisition Act Cap. 167 S.S.15;

17.

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