IN THE NATIONAL INDUSTRIAL ***** OF NIGERIA

** THE LAGOS JUDICIAL DIVISION

****** AT LAGOS

**** NO NICN/LA/222/2022

BEFORE *** LORDSHIP, HON. JUSTICE (DR.) I. J. ESSIEN 

 DATE: 28th  **** 2026

 

BETWEEN

                         LAWRENCE ONWUEGBUCHI

(other wise ***** ** Onwuegbuchi L. ********            CLAIMANT 

or *********** Lawrence) 

                                                            

                                                                                    

   AND                                                                                                                

NEIMETH INTERNATIONAL PHARMACEUTICALS

PLC.                                                                                         DEFENDANT                                   

                                      

JUDGMENT.

*** claimants ********* this action by a complaint ***** the and ***** ** the 7/6/2022. ** *** complaint the claimant seeks the recovery following sums ** relieves **** the court:

  1. Unpaid ******** expenses **** 2012 to 2014 to the sum of N400,000.00k 
  2. Unpaid *********** in 2010 account to *** sum ** N366,000.00k
  3. 1% cash sales ********* from fueling, car servicing from **** 2014 to December 2014 to the sum ** N1,065,135.
  4. Annual ****** and ***** ********* to *** sum of Nl,571,393,85k 
  5. Value of ******** given to NNPC ***** ** the ******* as at June 2014 (N135,000) **** *** ******* ***** of N540,000.00k 
  6. **** products ****** by the defendant as ** September 2014 (N1,770,000.00k 
  7. Official *** overhaul expenses ** at August 2014 N549,000.00k 
  8. ****** salaries *** allowances ** December Salary 2014 to the *** of N120,876.45k 
  9. ****** 2015 Annual salary *** leave ********* to the sum ** N1,571,393,85k 

10.Unpaid 2016 ****** ****** *** ***** allowance of 
       N1,571,393,85k 

11.****** 2017 Annual salary and leave ********* of 
       N1,571,393,85k 

12.Unpaid 2018 ****** ****** *** leave allowance of 
       N1,571,393,85k 

13.Unpaid 2019 Annual salary *** leave ********* of 
       N1,571,393,85k 

14.****** 2020 Annual salary and ***** allowance of 
      N1,571,393,85k 

15.****** 2021 ****** ****** *** leave ********* of N 
      1,571,393.85k. 

16.****** ******* to *** 2022 salary *** allowances of 
      N654,747.44 

17.A declaration that the claimant employment **** the defendant 
      by ****** of the defendant’s employee hand **** subsists and that 
      the claimant is ******** to his salaries, allowances and *** other 
      ********** benefits from *** defendant judgment is given in this 
      case.

18.A declaration that the defendant’s act of denying *** claimant 
      access ** his **** post ***** December 2014 **** **** **** ** the 
      instructions of Mr. Isaac ******* arbitrary, illegal, *** against 
      the rules and regulations of ********** for service of the 
      defendant, null and void.

19.A *********** **** the defendant’s refusal ** pay the claimant his 
      salaries, ********** and other incidental ******** since December 
      2014 ** illegal, unconscionable and inhuman.

20.An Order of this court directing the defendant ** ***** the 
       claimant access to his office/duty post **** the defendant and 
       reinstating the claimant to status quo ** at December 2014.

21.The claimant claims against the defendant *** sum of    
       N50,000,000.00 (***** Million Naira) as ******* damages for 
       refusing *** access to his office/**** post in the defendant’s 
       ******* since December 2014, unwarranted *********** of his 
       ******** and ********** from ******** 2014 till date despite 
       repeated demands.

22.******** ** the rate ** 21% ** the withheld salaries and allowances 
      *** to the claimant from December 2014 **** judgment is 
      delivered. And thereafter, interest **** of 10% till the judgment 
      *** ** liquidated 

In support of the claim *** defendant ***** 2 witness deposition on *** 7/6/2022 *** 12/10/2022. Along with frontloaded documents. Upon ***** ****** with the originating process, *** ********* filed a ********* of ******* on the 31/8/2022 ***** with a witness deposition and *********** documents. With *** ***** of court the defendant substituted their witness *** thereafter filed a witness ********** ** their *********** witness on the 2/11/2023.

 

Hearing in **** matter commenced on the 13/2/2025. The claimant ********* as CW1. He ******* his 2 witness ********** *** went on to tender the following ********* in evidence.

 

  1. Letter of ********** Exhibit C1 
  2. Letter of harmonised remuneration is ******* C2
  3. Request order dated 31/3/2014 ** ******* C3
  4. Request for approval to overhall car ** ******* C4
  5. **** ***** 27/10/2014 is ******* C5
  6. **** invoice is Exhibit C6
  7. Letter of replacement product dated 23/2/2015 ** Exhibit C7
  8. Notification ** indebtedness ** Exhibit C8
  9. Solicitors letter of ****** is Exhibit C9

10.Invoice for ******* of company ******* ** ******* C10 a, b, c and   
      d 

11. Delivery note is ******* C11a b, and c

12 Finished good delivery **** to NNPC ** ******* C12

13.Weekly expense report ** Exhibit C13

14.******* cash sales incentive is ******* C14

15.Deposit **** *** sales ******* ** ******* C15

16.Approved expenses *** **** of ****** product is Exhibit C16.

17 Approved 2006/2007 compensation ** ******* C17

18. Reminder for ****** outstanding is Exhibit C18.

19. Letter ***** 31/8/2020 is ******* C19.

20. Approved 2008/2009 compensation ** ******* C20

21. Confirmation of promotion ** ******* C21

22. Long service award is ******* C22

23. Letter ** congratulations is Exhibit C23.

24. ************ of new appointment is ******* C24

25. ********** ****** ** demand ** Exhibit C25

26. ********* ** ************ of name ** Exhibit C26

27. ******* Employee handbook is Exhibit C27

28. 2014 harmonised Remuneration is ******* C28.

The claimant *** cross ******** *** ********** the claimant closed their case.

 

The defendant opened their **** on the 28/1/2026. ***** ***** the head legal services of the defendant testified ** DW1. She adopted *** ******* deposition *** **** on to tender *** following ********* in evidence,

  1. ***** employment ******* D1
  2. Confirmation of new appointment is Exhibit D2 
  3. Confirmation of promotion ** ******* D3 
  4. Termination ** appointment Exhibit D4
  5. Document of harmonised remuneration ** Exhibit D5
  6. Employee ******** is Exhibit D6
  7. General ledger report is Exhibit D7
  8. ******* record of Twin ******** ******* D8
  9. Account Record ** **** IS Exhibit D9

10. ******** account ****** ** ******* D10

11. Standard ************ Certificate ** Exhibit D11,

DW-1 *** ***** examined ** *** claimant counsel and thereafter *** defence ***** ***** case and the matter was adjourned *** adoption ** final written addresses. On the 18/6/2026 counsel un-behalf of the parties adopted their final written ********* *** the ****** was ********* for judgment. 

 

SUMMARY OF FACTS ** ISSUE.

The ******** is a Senior ***** and District ******* (West) ** *** defendant and have served *** defendant’s ******* ************* for years ******* ******* and in recognition of ***** he was honoured for his professionalism, managerial ****** and long service by an ***** ** outstanding *********** from 2004 to 2009. *** claimant was promoted at ******* time and which ********* ****** from ****** ************ Sales Representative (SPSR) in *** Executive Staff Cadre ** 2008, ********* Staff ** and District Manager (West) in 2011 and ******** Manager (**** 2). The claimant remuneration was also harmonised and increased to N1,450,317.33 *** ***** with ****** **** 1/4/2014. The claimant allege that ** December 2014, *** Mr. Isaac Igbanoi, *** defendant’s Director for sales ****** ***** the claimant ** stop work. He was denied access to the company premises *** his salary for December 2014 has remained unpaid. The Claimant states that up **** date his *********** has *** **** ********** That ********* the failure of *** defendant ** accede ** *** ******** appeals, he caused his solicitors to formally demand his entitled vide 2 letters . *** ******** in his ********* ** fact made ****** ** paragraph 27 representing the ***** of product ceased from *** which *** already been paid for, and ***** expenses ******** in the ****** of ******* for the ********* ***** *** ********* ought ** re-imburse the claimant.  In paragraph 29, the claimant claims several sums of money as his salaries and entitlement. The claimant ****** that the action of *** ********* has caused *** severe hardship, ************* torture, *********** *** *** self-esteem as he ****** confidently ******* for his wife and children like before. Among other relieves the claimant seeks *** ***** reinstating him **** to *** employment. 

 

The defendant on the other **** has denied the allegation of facts ** ********* ** the ********* of facts. The ********* position ** that *** action of *** claimant is statute barred having been ********** over 6 years after the cause of action had arisen. That *** cause of action arose ** ******** 2014 ** stated in *** ******** ******* ********** ** 7/6/2022 when the suit was instituted. The ********* further denied **** the claimant *** ******** in 2014 rather *** claimant *** employed ** a ************ sale representative ** the 27/4/2004 which appointment he ******** ** the 3/5/2004. The appointment of *** claimant was terminated on the 9/12/2014. Upon termination *** defendant states **** the one ***** salary in lieu of notice ***** *** defendant was to pay the claimant was used to *** off *** claimant indebtedness to *** ********* *** therefore the defendant **** *** owe the claimant December 2014 ****** allowances or any other outstanding payments. The ******** admit receiving *** claimant solicitors ****** dated 31/8/2021 *** 15/10/2021many years after the claimant employment *** been terminated. The ********* denies owing the claimant any sum ** ******** ******** *** any whatsoever. The defendant denies owing *** of its ********* product nor did it authorised the seizure of *** product belonging to *** customers. 

 

The defendant further contends **** Twin Pharmacy and NNPC medical services Benin are indebted to *** defendant ** *** tune ** N968,202.66k and N1,477,687.97k respectively. The defendant ****** **** giving *** claimant approval ** refurbish its official vehicle. The claimant denies terminating the ********** of the claimant orally but rather by a letter ***** *** 9/12/2014. 

This ********** *** summary of the contending issues before the parties to this action. 

 

PRELIMINARY OBJECTION

I ****** that on *** 5/5/2026 when this matter came up for ******** ** final ******* address, the court observed **** the ******* ******* in ***** final ******* address has raised a preliminary objection which *** ******** ******* ** their final address did not respond to. This was because the defendant address was filed out ** **** and after the ******** had already filed ***** final address following the defendant ******* ** **** ********* the address within time. This ***** granted the ******** counsel leave to **** a ***** to *** preliminary objection. The main ground of *** objection is that *** claimant cause of ****** is statute barred *** ********* **** *** court of the ************ to hear *** determine this action. An objection ** *** ******* ** ********** ** action is a jurisdictional issue *** therefore **** be ******* before considering *** other issues in *** action. If *** objection succeeds this court would dismiss the suit *** ***** would be no need go into the merit of the case.

 

*** ********* position ** **** the ******** ***** ** action arose ** *** 9/12/2014 when the claimant appointment was terminated vide the letter of termination Exhibit D4. **** the claimant commenced this  ****** ** the 7/6/2022 ***** a ****** of 8 years ** ****** of the provisions of Section 7 Limitation *** and Section 8(1)(a) ********** Law ** Lagos State, which sets 6 years time limit  to ******** ** action founded on contract. Counsel posits **** having instituted the present action on 7/6/2022, **** six ***** ***** 9/12/2014 when his alleged ***** ** action arose, *** Claimant *** way out ** time within ***** to seek judicial redress. Counsel ****** on the **** ** Mr, Bankole Akeem Adewale V. *** State Universal Basic Education Board **** No: NICN/IB/49/2024: decided on 3/3/2026, by Hon. ******* J. D. Peters. Counsel also ****** on the case of ******* ******** & Ors V. University of Agriculture, Makurdi & 4 Ors (2021)LPELR- 53081 (SC). Again, he cited the **** of Dr. ***** U. ****** V. The Federal University of ********** Owerri (FUTO) &  Ors  (2025)  LPELR-80027(SC)

 

In response to the ********* position *** claimant ******* in *** response to this preliminary objection filed ** the 11/5/26, has argued that the claimant cause ** action ** not statute barred. Counsel ****** that *** injury complained ** is subsisting and continuing. That a look at the ****** of the ******** would reveal **** the *********** ** *** claimant *** *** been **** and this constitute an ********* to the principle of limitation of action. Counsel relied on *** case of  ***** V. Adekanye (2004)42 WRN 1 at 21 ***   Edozie, JSC stated as follows:

Legal principles are not ****** inflexible. Sometimes **** admit of certain exceptions. The law ** limitation of ****** ********** some exceptions. Thus, where there has been *********** of *** damage, a fresh ***** ** action ****** **** time ** time, ** ***** as damage is caused. 

See also AG. ****** State V. AG. Bayelsa State (2013) 3 **** (PT. 1340) 123 ** 149. 

******* ****** 6 **** of claims ***** the defendant ought to have **** over to the ******** upon the *********** of *** ********** ***** has ******** ****** and which ** claimed in **** action. Counsel contends that non-payment of salaries, wages, ** emoluments constitutes a continuing injury or damage. **** means that *** ********** period, which ******* restricts ****** ******** after a certain time, does *** ***** ** run ***** the breach ceases. See  Abdulrahman V. NNPC (2020) LPELR-55519 (SC). ******* argued further that ** ** a trite ********* of *** that when ** act or omission is continuous, the cause of ****** continues until the injurious act ceases. However, the courts have clarified that ‘*********** of injury’ ****** to the continuation of the legal wrong (non- payment) as in this case, not just   ********** ****** (financial hardship). See Obiefuna V. Okoye (1961) All NLR 357  

 

I have ********* ********** *** ********** of ******* ** the issue whether the claimant action ** ******* barred. It is trite *** that in determining limitation *** the purpose of a ***** ** action, it is *** writ ** summons and *** ********* ** ***** that **** ** examined to ascertain whether a reasonable ***** ** action  has been disclosed. This is done by ********* *** date *** cause of ****** arose and **** the ****** *** instituted. See Egbe V. Adefarasin [1987] LPELR-1032 (SC)  

The ********* position is that the claimant ***** ** ****** arose ** the 9/12/2014 when *** claimant *********** was ********** **** *** letter of *********** Exhibit D4 and **** action was instituted 7/6/2022 after a period ** 8 years ** breach ** the ********** ** Section 7 Limitation Act *** Section 8(1)(a) Limitation of Action Law of Lagos State. I have ******** Exhibit D4 *** letter of termination of appointment which the ********* posits show when the cause ** ****** arose. The ****** states *** I quote ‘This is to advice that your services *** no ****** required in this ******* effective ******** 9/12/2014. Our ******* Department ** requested/******* to Human ********* Department ******* of **** outstanding expenses, claims and indebtedness to date (if any) to ****** ** take ******* necessary actions’

 

From the above ****** content of Exhibit D4, The ********* was supposed to serve a ************ ** the terminal benefits ** *** claimant detailing the claimant outstanding expenses, claims and indebtedness. There ** no ******** ** the ************ ** this terminal benefits. The claimant in **** action ***** *** ******* others claim for *** payment ** his *********** expenses, and salaries. The refusal of the ********* ** release details of the expenses, ****** and indebtedness *********** a ************ of injury which constitutes an exception ** the limitation of action law. ******* listed 6 head of claims ***** the defendant ***** to have **** over to the claimant upon *** termination of his ********** ***** has remained ****** and which is ******* ** **** action. This action may have **** commenced after *** period of limitation but this *********** an exception ** the application ** the limitation law ** ******** by *** ******* Court in the **** ** the case of  Aremo V. Adekanye (2004)42 WRN 1 at 21 per  Edozie, JSC stated as follows:

Legal ********** are *** always inflexible. ********* they ***** of ******* exceptions. *** law ** limitation of ****** recognizes some exceptions. Thus, where there has **** continuance ** the damage, a ***** ***** of action arises **** time ** time, as ***** as damage ** caused. 

The defendant ******** no evidence to **** **** the terminal ******* referred to ** Exhibit D4 was ******** by the ***** resources department to the claimant. **** is **** disturbing is the **** **** the claimant had put in ** ***** ** *** service ** the ********* and the ******** before the court as ******** during cross examination show that there is no ******** of the ******* of the letter Exhibit D4 ** *** claimant nor ** there any document showing the ******** benefit or ********* ** *** claimant. The defendant ********** *** claimant for services no ****** required and ****** to ******* *** claimant with statement of his terminal benefit. The conduct of *** defendant ** it ****** amount ** ************ of injury In the case ** ******** V. Okoye (1961) All NLR 357  *** court have clarified **** ‘continuance of injury’ ****** ** *** ************ ** the legal wrong’ (non- payment as ** **** case,) *** just   continuing damage (financial hardship). I ** satisfied that *** situation ***** consideration in **** case fall under one ** the exception to the ****** application of the Section 7 Limitation *** and Section 8(1)(a) Limitation  *** of Lagos State. ** **** ***** it ** *** finding of this court that the *********** ********* is ******* merit, it is accordingly dismissed. 

 

ISSUES FOR DETERMINATION.

****** dispensed **** *** preliminary objection, This court would *** ******** *** real ****** *** ************* in this action. 

*** ******** in his final written ******* filed on the 24/4/2026  formulated three issues for determination ** wit:

 

1.Whether or not the Claimant has ****** that he was not served with 
     *********** ****** as required by the defendant’s handbook.

2. Whether or *** in *** absence of service of termination ****** on the 
     claimant by the defendant, the claimant’s employment was 
     wrongfully ********** and of no effect.

3. Whether if the court finds ** favour ** *** claimant in issue one and 
two above, *** claimant is entitled to *** ******* sought.  

 

*** defendant counsel ** his final ******* address ********** 2 ****** *** ************* ** wit;

1.******* the Claimant’s employment with the Defendant was 
     terminated on 9/12/2014 and therefore not subsisting?

2. Whether *** Claimant ** entitled ** *** reliefs ****** in *** instant 
     case?

 

I have ********* considered *** ****** formulated above by counsel for the ******* in ***** respective written ********* while *** issues *** similar, this court feels that the proper issues for determination  are:

 

(1) ******* the employment of the claimant *** properly terminated   
        ** *** letter ***** 9/12/2014, 

(2) Whether the claimant is ******** to *** ******* sought ** this action. 

 

***** NO 1

The evidence adduced before this court is **** the claimant was ******** vide ******* C1, the offer of employment ** the 27/4/2004 as a Professional ***** ************** by *** defendant. The claimant continued in *** ********** and in ******** 2008 the ******** was ******** to Senior Professional Sales ************** (SPSR) in ***   executive ***** by a letter of Confirmation of promotion tendered as ******* C2. By 13/6/2011 the ******** was ******** to the position ** District Manager 1 vide Exhibit C23, with an ****** review of his remuneration as ***** in *** ****** ** confirmation ** new appointment ******** as ******* C24. The claimant ****** *** also harmonised by a ****** ***** *** 25/3/2014 *** tendered ** Exhibit C28.  The claimant ****** that ** ******** 2014, one Mr. Isaac Igbanoi, the defendant’s ******** for ***** ******* his office at *** station at Aba and orally asked *** claimant ** **** work. ** was ****** access to *** ******* premises and his salary for December 2014 has remained unpaid. The defendant denied orally directing the claimant to **** work. The ********* tendered ******* D4 a ****** *********** the appointment of *** ******** dated the 9/12/2014. The claimant ******* **** Exhibit D4 was never served on him. To ********** a ***** termination of *** *********** of the ******** ******* D4 being *** ************ ** the termination ought to have **** served on the claimant. *** defendant has argued that it was one ** the ********* ** the defendant Mr. Isaac Igbanoi who ****** over *** letter ** *********** to the claimant on his visit to the defendant *** office.   ****** cross examination the *** who testified ** the **** witness of the defendant was asked 

Q. *** *** defendant serve the claimant a termination letter

A. Yes he was ****** a letter of termination. 

Q. Do you have ******** ** acknowledgment of *** ******* of the 
       termination ****** ** the claimant

A. ** I do *** have. 

**** **** evidence, the ********* who assets that *** claimant *** served with a letter ** termination ** Exhibit D4 failed to prove how the ****** *** served ** *** claimant. There ** no evidence of the acknowledgement ** the receipt ** *** ****** by the claimant. The defendant has ****** that ** was not the ******** of the ********* to make the ******** *********** ************** from the defendant. This is indeed **** unfortunate *** *** administrative practice. To *** **** an employee ***** *********** is terminated is not ******** to sign and receive or acknowledge the ******* of the letter ** termination cannot represent *** practice of the defendant. I have carefully examined Exhibit D1 (offer ** appointment) ******** by *** defendant ***** is the same as Exhibit CW1 ******** by the claimant) The ******** acknowledged that ***** ** appointment on the first page. He ***** ‘offer accepted by me,’ He wrote *** **** name on it and signed under his name. He **** wrote the date ** received the ***** ** appointment to ** May 3, 2004.   Also Exhibits C18, C20 and C25 ******** ** this ***** *** ************** ** the ********* which was **** acknowledged with the official ***** of *** defendant. It can therefore not ** *** ******** of *** defendant not to require acknowledgment of communications sent out by the defendant. It ** therefore *** ******* of **** court that the defendant failed to serve the ******** with a letter of termination.  To further buttress the fact of non-service of *** letter of termination, ******* D4, the defendant in paragraph 2 ** *** ****** wrote. Our Finance Department is ********* to ******* to ***** Resources Department ******* of your *********** ******** ****** *** indebtedness ** **** (if any) to enable us take further necessary actions. This stipulation required the defendant ** furnish the ******** **** his terminal benefit and entitlement, which *** ** ****** the claimant outstanding expenses, claims and indebtedness ** any. *** defendant tendered no ******** ** *** ******** benefit. The defendant ********** the claimant appointment abruptly without any notice ** ******** ** clause No 6 of the offer of appointment ******* C1 (***** was also tendered as ******* D1 by the defendant). The defendant **** failed to show **** he paid the one-***** salary in lieu of notice. *** ****** of the payment of the ****** in lieu ** notice would have formed one ** *** items in the ******** detailing the terminal benefit or liability of the claimant. The ********** **** the salary in lieu of notice *** used ** ****** the indebtedness ** *** claimant ** a **** defence which goes ** no issue. **** ** ******* *** defendant ***** ********** terminating the ********** of the ******** failed to ******* the ******** with any details of his ******** indebtedness. ******* ** this the employee handbook of the ********* tendered as Exhibit C27 (**** ******** as ******* D6 by the defendant) stipulates in page 64 ********** that the termination ** the employment ** ** employee who *** attained the cadre of senior management employee **** be ******** by the ***** Executive officer ** the defendant. The Claimant at the date of his appointment *** a ******** Manager. There is no evidence that the approval ** the ***** ********* was ******** before Exhibit D4 which was signed ** the Human Resources Manager *** ****** even though ** was never ****** on the claimant as earlier found in **** judgment.  ** this score It is the finding of this court that the *********** of the employment of the claimant by Exhibit D4 is ******** *** in breach ** the terms of the employment ** the claimant.  *** me **** note that ** is no longer the *** **** an ******** can terminate an employee *** no reason. ** *** ******** ** longer required. *** *** has moved on.   Article 4 of the Termination of ********** Convention 1982 (** 158) prohibits *** termination of employment for no reason. The article provides; ‘The employment of a worker shall *** be terminated unless there ** a valid reason for **** termination connected with the capacity or conduct of the worker or based ** the operational *********** of the undertaking, ************* or undertaking’.

Therefore, Exhibit ** in as **** as it sought to terminate *** employment ** grounds of ******* no longer required runs short of the provisions of the above ****** convention. *** ********* is under a **** ** **** ****** for the termination and *** ******* must relate to the capacity or conduct of the worker. It is there fore the ******** ** this court that the termination of *** Employment ** the claimant by Exhibit D4 is ******** and a violation of the requirement as to ****** ** ********* the employment. 

 

The claimant has urged **** ***** to find that if the termination was unlawful, he should ** re-******** **** to the claimant employment with the defendant. The employment ************ between the ******** and *** defendant in this action was that of a master servant relationship. *** settled position ** the law is that an order of ************* ****** not be ordered in a master ******* relationship. In the **** of Odibo V. First Bank (2018) LPELR-46628(CA)  (Pp. 24-25 paras. D) The Court ** Appeal ****** *** ********* in the following words:

 

‘In law, ** employment founded on master-servant ************ for ******** service without any statutory flavour **** not ***** *** relief of reinstatement. *** Courts are thus very ********* and in fact lack the competence ** force a ******* ******* **** an ********* master in a contract ** ********** for personal ******* ******* statutory flavour. see UBN *** V. ***** (1995) 2 NWLR (Pt. 380) 647.  The ***** appears ** ** to ** the precarious position *** ********* had found himself in his employment relationship with the Respondent and ***** seems to be no reasons whatsoever for the Court below ** have held otherwise and ******** to *** settled ******** of the *** ** applicable to *** circumstances in ***** the Appellant, who had **** in the employment of the ********** **** 1987 until 1999 when he *** dismissed, *** found ******* in this appeal."   Per Georgewill, J.C.A. 

Therefore, the ****** of ************* is therefore not ********* ** the claimant in this action. It is not in doubt that the defendant ** *** conduct ** preventing the claimant **** having access to *** office and the ********* ***** ** business has shown **** he ** ****** ******* to continue ******* the claimant as *** employee. The ********* ******* in *** final written ******* at paragraph 4:19 ******* to this **** ** ****** ‘Assuming (without conceding) that *** claimant’s employment was terminated verbally through the defendant’s Director (Mr. Isaac Igbanoi), the ********** denial of *** claimant ****** into the defendant’s ******** all go to show that ***** was no confusion **** the claimant’s employment has been terminated. Thus, it **** *** matter, in terminating ** employee’s appointment, whether he is ***** notice in writing or ****** or not’. From **** it is ***** that the defendant has demonstrated ******* **** they defendant no longer ***** ** retain the claimant in *** employment. 

However, the claimant is not without a remedy. *** claimant is ******** ** damages for *** wrongful termination of *** claimant employment. In the recent **** ** IDSL V. EVBUOMWAN & ORS [2026] LPELR-83713(SC) at pg. 15-16 paras C-G the Supreme ***** **** **** the parameters *** the award of damages in **** kind of circumstances when it held. 

Having brought the employment to ** end ******* the ***** of *** contract, the ******** cannot restrict the ******* of damages awardable to the employee to *** terms prescribed in the contract. The ******* of damages ********* to *** employee ** **** situation should be in accordance with the general *** ** the ******** on award of damages for breach ** contract ***** ***** involve a consideration of the ************* **** **** has arisen ** ***** from *** breach ** the ******** ** employment, having regard to the ******* wages, current age of *** employee *** the date of retirement. Per Emmanuel Agim JSC.

The above ******** requires *** consideration of the following facts in the award of damages. (i) *** ******** monthly remuneration. (ii)*** ******** *** (iii) Proximity to retirement *** (iv) The ************* economic **** ******* from the pre-****** termination.  The claimant has claimed the *** of N50,000,000 as ******* ******* for the defendant ******** termination ** his employment.  I ** ******** to award damages to *** claimant in this action. Taking **** consideration *** circumstances  ** this **** *** *** abrupt termination of *** claimant ********** and the ********* ************ ** *** termination. I award the claimant the sum of N5,000,*** (Five ******* Naira ) as damages. *** defendant shall *** this *** as general damages for the unlawful termination ** the ********** of *** claimant.

ISSUE 2

Whether the ******** is entitled to *** reliefs sought in this action.

In the ******* ******** on the ********* as ****** below *** ******** claims ******* **** under various heads. The court would consider these heads ** ***** on *** ***** and take a decision on them ** line with the *** and evidence adduced ** proof of *** claims.  

 

I would ***** by considering Relief No 9 to 16, In ***** reliefs, the claimant claims ******* sums ** ****** salary *** leave allowance for *** years of 2014 ** 2022 in a total sum of N10, 637,127.60k. *** claimant demanded this *** in *** letter of demand tendered ** ******* C9 and C25. The claimant position ** that *** court should **** this sums ** ******** since the ********* *** *** ******* these ****** in any response to the letters ** demand. The claimant left the ********** of the ********* in December 2014 ********* *** directive ** stop work. From ******* 2015 to August 2021, the claimant was no ****** in the service of the defendant. The ***** for annual ******** and leave allowances *** the period ** employee offered ** services to ** employer is not recognised in law. Such claim can only be granted by the ***** in the case of ************* ** a ******** laced with statutory flavour. *** position ** the law ** that an employer is *** under any **** to ********** *** employee for the ****** ** has ******* no services. In the ****  of  NWAFOR V. ANAMBRA STATE EDUCATION ********** & ORS [2017] LPELR-42026(CA)  (Pp. 32 paras. A), The Court of Appel reiterated this position when it held: 

** ******** is ******** to ***** and salaries/allowances during the period of his or *** ****** ********** in service. No ******** is under *** obligation to *** salaries/wages/allowances ** an ******** who has not worked *** *** period of *** employment. For example, a ********* employee can only claim ********** he *** ****** for ** the course of his employment. See *********** Vs. NISER (1988) 3 **** (Pt. 80) 25 at 55-56 and N.M.B. Vs. Adewunmi (1972) 11 ** 111 at 117. What the ********* was entitled ** was the ******* ** his emolument *** the period he actually worked for *** employer. See Adekunle Vs. W.R.F.C (1963) W.R.N.L.R 6 at 11."   Per TUR, J.C.A 

 

** *** ******** ** the above cited authority, its ** the finding of **** court **** the claimant is *** entitled to the sum claimed in ****** No 9 ** 16. This ** *** a relief for which admission of *** claim can be ******* ** the defendant in the event ** neglect ** responding or ********* the claim. This is ** ******* the claim ** not justifiable ** law. 

 

For ******* No 1, 2, 3 and 8 reproduced below, *** ******** claims:

  1. Unpaid approved expenses **** 2012 ** 2014 ** *** *** of N400,000.00k 
  2. Unpaid outstanding in 2010 ******* to the sum of N366,000.00k
  3. 1% cash ***** ********* from fuelling, car servicing from June 2014 to December 2014 to the sum of N1,065,135. 

**** ** relief No 8 the claimant ****** unpaid salaries *** allowances ** December ****** 2014 ** the sum of N120,876.45k 

 

 On *** 31/8/2020, the claimant ***** a letter to *** ********* detailing sums of monies **** were owed ** *** by *** defendant. *** ********* did *** respond ** the letter tendered as Exhibit C19. **** on *** 3rd of December 2020, the claimant wrote a reminder tendered as Exhibit C18, ********** for the payment of *** outstanding. *** ********* did not ******* to this letter. After the ******** was asked to stop work ** December 2014, *** claimant ****** his solicitors Emeruwa & ********** ** formally demand the ******* of all the outstanding indebtedness ** the claimant. In the solicitors letter of demand which *** tendered as Exhibit C9 and ***** *** **** received ** the defendant, the claimant provided details of *** ************ and ******** the payment ** the **** sum to the claimant. The claimant solicitors **** followed ** with a final ****** letter on *** 15/10/2021 tendered as Exhibit C25. *** claimant did not respond or ******* *** the ****** stated in *** letter of ****** Exhibit C9 and C25. The ******** ****** the court is that the defendant after stopping the claimant from **** did *** ***** the ******** with a document detailing the claimant terminal benefit. *** ********* in paragraph 8(h) of the DW1 witness deposition ****** that it received Exhibits C9, C18, C19 and C25, *** never ******* to ***** ******* or dispute *** item ** ***** ** sum ****** in *** letter. ****** the claimant ******** is **** *** letters are after ******** ******* many ***** ***** *** claimant ********* was validly terminated on 9th December 2014. **** position is misconceived. I have ******* **** in **** judgment that *** claimant cause ** action ** not ******* barred. I have also held that *** ****** ** *** defendant ** this suit is ********** ****** for ***** is an exception to the limitation of ****** law. Therefore, Exhibits C9, C18, C19 *** C25 cannot ** an after thoughts as argued ** the defendant. ***** exhibits *** ******** letters ***** *** claimant was under a **** ** ***** or dispute the claims ********* therein.  The ********* admits that they ***** ******* ** the letter. The settled position ** the law is **** failure ** reply to *** ****** constitutes admission of *** content. ** the **** of CONSTRUCTION ROAD TO ****** LIMITED & ANOR V. ***** BANK PLC [2017] LPELR-43187 [CA] 19-20 C-A, the ***** held the failure to reply to demand ****** is admission of debt. Also, is was **** in REMATON SERVICE *** V. *** ********* PLC (2019) LPELR-49330(CA)  (Pp. 19-21 paras. D)  confronted with similar situation the court ** appeal held inter alia;

 

"The Appellant ****** and ** refused to respond to any of the letters written ** the Respondent. I ***** with learned counsel ** the Respondent that the law ** trite **** failure to respond to a business letter ***** by the nature of its ******** requires a ******** amounts to an admission. In ***** V. EBULE (Supra) the Court held thus:- "******* in ************* in which a ***** ** obviously expected raises irrebutable presumption of admission by conduct or representation. ** the instant **** ******* of the ********* to reply to letters written by the ******** both personally and through ***** ********* demanding ******* *** the labour he supplied from *** Defendant constituted an admission of liability ** the Defendant and **** credence to the Claimant's side ** the case".

In Alh. Garba ******** Bagobiri V. Unity Bank Plc (2016) LPELR - 41161 (CA) **** ***** per ABIRU, *** held thus:- ‘It is trite law that ***** a party fails ** ******* to a business letter which by the ****** of its contents requires a response or a refutal of some sort, the party will be deemed to have admitted the ******** ** *** letter’

See also. ***** V. Ebule (1990) 5 NWLR (Pt. 149) 201, Trade **** Plc V. Chanmi (2003) 13 NWLR {Pt. 836} 

See also: Bellview Airlines ******* V. Fatai ********* &Amp; Ors (2015) ***** - 25915 (CA).

Let me **** *** here that this principle relates to *********** claims allowed ** law. ********* ***** only be ******* to the recipient demand if the claim is justifiable in law. ****** number 1, 2, 3, and 8 ***** were contained in *** demand Exhibit C9 and C25 *** *********** claims ** demand relating to the *********** of *** claimant ***** *** defendant *** not ***** a notice of terminal entitlement on the claimant when he was ***** to stop work in December 2014. ***** are the claims ***** admissions *** ** ******* on *** defendant for failing to respond ** dispute *** claim. 

On the strength ** *** above *********** it is the finding of this court that *** failure to ******* to Exhibits C9, C18, C19 *** C25 is admission of the justifiable debts claim contained therein ***** I have ******* separated the ************* claim therefrom.  ** ** the finding of this court **** the ******** ** entitled ** reliefs No 1, 2, 3, and 8. The defendant shall pay to the ******** the sum of N1,952,007 representing the total value of the monetary claim in relief No1, 2, 3 and 8.

 

********* ****** No 4, 5, 6, ***  7, ie 

(4) ****** salary and ***** allowance to the sum ** Nl,571,393,85k. The ******** ****** to ***** for which period *** claim of this sum *** to cover. It becomes ********* difficult *** *** ***** to ******* the basis for this claim. *** claim ***** and ** *********** dismissed.  

 

(5)  *** claim for ***** of ******** ***** to NNPC Benin on *** ******* as 
 ** **** 2014 (N135,000) with the present value ** N540,000.00k.

** this claim, not-************ the fact that the claim was ********* in the ****** of demand Exhibit C9 *** C25 ***** the ********* did *** dispute, and which the defendant *** ** deemed to have admitted, However, these ****** are not the personal *********** of *** claimant. *** value ** product ***** ** *** defendant ******** ought to be **** to the defendant. Besides *** product which was given ** **** ** **** 2014 cannot attract a new ***** in *** sum ** N540,000. ***** is no evidence **** the claimant paid for the said ******* to be entitled to its refund ** **** action. this claim fails *** is *********** dismissed. 

 

(6) Paid products seized by *** defendant as at September 2014 
 N1,770,000.00k.

This ***** is not also *** ******** entitlement of the claimant ** ******** paid for by the defendant ******** *** ****** ** the defendant, the ******** concerned ****** be the one claiming *** product or its value. The claimant ***** ******** any evidence that he personally refunded the ***** of the ******* alleged ** have been ceased. This claim must **** and it ** accordingly dismissed.   

 

(7)  ******** car overhaul expenses ** at August 2014 N549,000.00k

The ******** Claims that he was ********** to carry out engine overhaul of his official car, a KIA CERATO with ************ No MUS 906 CE. He tendered ******* C4 as the application *** *** overhaul *** *********** ** the engine ** the car. He also tendered the cash invoice *** the ****** ********* N549,000 ** ***** of the expenses in ******* C6. The defendant did not **** **** the ****** overhaul *** not done. Rather the defence ** *** defendant ** **** no approval was ***** for the overhaul ** the car ****** ** be ******* out. I have examined Exhibit C4, the minute ** the document ***** **** ‘approval is sought for *** engine *********** of the ****** *** 906 ** to allow Lawrence corporate activities’. ** is not ** ***** that *** expenses shown ** Exhibit C6 was ********** by the claimant. It ** *** also in doubt that on leaving the employment of the defendant, *** claimant left the **** official car behind. The claimant has *** disputed **** the ****** was done. The defendant ****** taken benefit ** the repair of its official *** ** bound to ****** the expenses ** *** repair. It ** *** finding of this court that the claimant is entitled to the refund ** the sum of N549,000 ******** on the repair. ******** is ******* in *** sum N549,000 ** favour ** the claimant.

 

*** claimant in relief ** 21 also claims ******** at *** **** ** 21% on *** withheld salaries *** ********** due to the ******** from ******** 2014 till ******** is delivered. And thereafter, at an interest **** of 10% till the ******** *** ** ********** This pre-judgment interest ** ******* on the reliefs No. 9 to 16 ***** this court has dismissed. ***** **** the fact **** it ****** ** claimed ****** the claimant pleads and ***** that ** is claimed 

under a statute, an agreement, or a mercantile ****** which the claimant has *** done. The ***** upon ***** it is founded (i.e. relief 9 to 16) haven **** dismissed, the ***** **** fail. It therefore dismissed. 

 

Conclusion.

The claimant action succeeds ** part. ********* ** entered in favour ** the claimant against *** defendant in *** ********* terms.

 

1. A declaration that *** defendant’s refusal to pay the ******** his 
      salaries, allowances and other incidental benefits since December 
      2014 ** unlawful. 

2.  Reliefs ** 17, 18 and 20 are ******* and dismissed. 

3.  Reliefs No 9 to 16 are hereby refused and dismissed. 

 

4.  reliefs ** 1, 2, 3, *** 8 succeeds. *** defendant ***** *** to the claimant 
      the sum ** N1,952,007.00k (One million nine hundred and fifty-two 
thousand and seven naira only, ************ *** ***** ***** of the 
       monetary ***** in ****** No1, 2, 3 and 8.

5. The ********* ***** pay the sum N5,000,*** (Five Million Naira) as  
      general damages for *** unlawful termination of the employment of the     
      claimant.

6. The claimant shall pay the sum ** N549,000 expended ** the 
repair/overhaul ** *** defendant Cerato MUS 906 CE by the claimant in 
      the course of his employment. 

7.  *** defendant shall *** a cost of **** ****** ** the sum of N1,000,00 
       (One Million Naira)

 

8. The sum hereby awarded shall be **** within 15 days from the date **    
      **** judgment failure of which it shall attract interest ** the rate ** 10% 
      until the judgment debt ** fully liquidated.

 

******** is ****** entered. 

 

 

   ________________________________ 

Hon. Justice (Dr.) I. J. Essien

(Presiding Judge)

 

REPRESENTATION.

V. E. Emeruwa Esq the claimant

S. I Azubuike Esq. with G. A. Eze  Esq. *** the defendants  

 

 

 

 

 

 

 

 

 

 

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