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[Alleged Assault] Industrial Court dismisses case against firm for lack of proof

238 Friday 19th February 2021

The Presiding Judge, Yenagoa Judicial division of the National Industrial Court, His Lordship, Hon. Justice Bashar Alkali has dismissed the suit filed by Nsikak Amos against Setraco Limited over entitlements claim on alleged assault for lack of proof.


The Court held that the medical report tendered by Amos’s only indicated that he was placed on adequate medication and was given two weeks for a medical follow up that nothing was mentioned in that report as to the need for him to go for any medicals abroad, that Amos’s also failed to lead evidence to show how the stated sum of Five Million as pay-off was computed.


From facts, the claimant- Nsikak Amos had alleged that while on duty, he had an altercation with his superior and was assaulted that the Medical examination conducted revealed that his eardrum was ruptured thereby causing hearing impairment, sought for the sum of Two Million Naira to cover up for his medical treatment abroad and the sum of Five Million Naira as pay – off amongst others.


In defence, the firm submitted that the issue of assault or dispute between Amos’s and his superior was not officially reported to the company, that having absented himself from work without the necessary approvals; that the necessary deduction was made and computed that his refusal to sign severance benefit paper delayed the payment.


Learned counsel Mr. I. Onyeanwu Esq with C.C. Dim averred that the assertion of Mr Amos is contradictory and has failed to prove his claims, prayed the court to dismiss the suit with a cost.


In reply, Amos’s counsel submitted that his client has proved his case on the balance of probabilities to warrant judgment entered in his favour; that the company is vicariously liable for the alleged assault.


Delivering the Judgment, the Presiding Judge, Justice Bashar Alkali held that the Claimant failed to prove any of his claim; that civil suits are determined on the preponderance of evidence and balance of probability.


Justice Alkali also held that the medical report tendered by the claimant only indicated that he was placed on adequate medication and was given two weeks for a medical follow up that nothing was mentioned in that report as to the need for him to go for any medicals abroad, that the claimant also failed to lead evidence to show how the stated sum was computed.


On the claim for the pay-off, the court held that Amos's failed to plead the terms of the contract which he has with the firm that the court cannot speculate on the terms of the contract between the parties.


“From the evidence adduced by the claimant, there is nothing to show that the Claimant worked for the 2nd Defendant for two months and he was not paid. And the Claimant also failed to adduce any evidence to show that he is entitled to any “pay off” or that he is entitled to Seventy Thousand Naira as his salary per month. I so hold.”

 

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