ORONSAYE V. E.C.N.

• Pages: 128-135

128



NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

(i)

There will be judgment for the plaintiffs/appellants against the defend-

ants/respondents Nos. 1-7 for all heads of the plaintiffs' claim and as per

their writ of summons (not statement of claim).

(ii)

The defendants/respondents Nos. 1-7 must surrender and return to the

plaintiffs/appellants within 30 days hereof or any extended time, as the case

may be, all properties of whatsoever nature and wherever situate belong-

ing to the plaintiffs to the plaintiffs' organisation, and at the same time file in

court an affidavit or affidavits showing that they have fully complied with this

order and serve copies of same on the plaintiffs/appellants.

(iii)

The foregoing orders shall be the order of the court and the High Court shall



10

carry them out.

(iv)All the defendants/respondents, i.e., the defendants Nos. 1-9, shall pay the

costs of the plaintiffs/appellants in the court below fixed at 139 guineas and

in this court fixed at 157 guineas.

Appeal allowed.



15

ORONSAYE V. E.C.N.

CHIEF ORONSAYE



APPELLANT

V

ELECTRICITY CORPORATION OF NIGERIA



RESPONDENT

SUPREME COURT OF NIGERIA

LEWIS,



J.S.C.

MADARIKAN,



J.S.C.

FATAI-WILLIAMS, J.S.C.

3rd April, 1969.

Contract - Damages - Measure of damages Mitigation - Wrongful dismissal -

Duty of plaintiff/employee to mitigate loss - Onus on defendant/employer to

show that plaintiff has or would have obtained alternative employment -

Remuneration contracted for is prima facie measure of damages -

Misrepresentation - Employment - Eligibility for employment - Employee under

no duty to disclose facts rendering him ineligible - Disclosure only when

accepting offer of employment does not invalidate contract - Termination -

Breach of contract by employer.

ISSUES:

1.

What is the measure of damages in a claim for wrongful dismissal of an

employee employed on a contract basis ?

2.

Whether an employee is under a duty to disclose to his prospective employer

facts which would disqualify him or render him ineligible for the employment.

3.

Whether the disclosure of facts which might render him ineligible for

employment by an employee when accepting an offer of employment can affect

the validity of the contract of employment.

FACTS:

The appellant brought an action in the High Court of Lagos against the respond-

ents claiming damages for wrongful termination of his employment with the re-

spondents.

20

25

30

35

40

45

50