Judgement: Industrial Court Orders Firm to Pay N9.7M to disengaged staff

• 1797 Monday 19th February 2018

 

 

His Lordship, Hon. Justice I. S. Galadima of the National Industrial Court sitting at Owerri on February 19^th 2018 delivered a judgment ordered Costain (West Africa) PLC to pay Mr. Moses Uba his final entitlement after disengagement from service.

The Claimant’s through his Counsel J.K. Khanabo, ESQ. had on the 14^th day of December, 2017, filed a motion on notice pursuant to Order 34 Rule 4 of the National Industrial Court of Nigeria (Civil Procedure) Rules, sought  for An Order entering final judgment for the sum of N9,710,112.50 (Nine Million, Seven Hundred and Ten Thousand, One Hundred and Twelve Naira, Fifty Kobo) being the sum admitted by the Defendant to be due to the Plaintiff (Claimant) from the Defendant as final entitlement after disengagement from service. And An order directing the Defendant to pay to the Plaintiff (Claimant) interest on the said N9,710,112.50 (Nine Million, Seven Hundred and Ten Thousand, One Hundred and Twelve Naira, Fifty Kobo) at the rate of 17% per annum until from 16^th April 2016 until the date of judgment and thereafter, at 17% per annum until the full amount is paid.

 

The Defendant through his counsel Erikefe E. Evwiekpaefe, Esq. did not file any counter affidavit but argued orally for a waiver or variation of the interest on the judgment sum sought by the Claimant.

The Defendant through its counsel did not oppose the application but orally sought the court to give consideration to the economic situation in the country and the fact that granting interest on the judgment debt would only incur more hardship on the Defendant Company who is already constrained and finding it difficult to cope.

After reviewing the argument of the parties, the Court Presided by Hon. Justice I. S. Galadima, says thus:

 

Having gone through the entire processes filed in this motion and upon considering the authorities cited by the Claimant’s Counsel, and given consideration to the Defendant’s/Respondent’s plea for mitigation, I believe that by virtue of Order 34 rule 4 of this Court’s rules, judgment may be entered upon the claims already admitted by this Defendant.

For the avoidance of doubt, I enter judgment for the Claimant and award the sum of N9,760,112.50 (Nine Million, Seven Hundred and Sixty Thousand, One Hundred and Twelve Naira, Fifty Kobo only) payable within 30 days from today. And the sum of N 50,000.00 only being the cost of this action payable within 30 days of this judgment.

 

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