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His Lordship, Hon. Justice P. A. Bassi of the National Industrial Court of Nigeria, Lagos Judicial Division on Wednesday, 25th April 2018 in a ruling ordered COSTAIN (WEST AFRICA) PLC to pay MR RAHMAN ALARAPE claimant the sum of $ 24,402.00 (Twenty Four thousand, four hundred and two dollars) and N700,000 (seven hundred thousand naira) as outstanding salaries and allowances up to the end of June 2016 within 30 days failing which interest shall be calculated at 10% per annum and payable to the claimant until liquidation of the judgment sum.
The Claimant sought among others; a Declaration The Sum of $24,402.00 (twenty-four thousand, four hundred and two dollars) or N9,760,800.00 (Nine million, seven hundred and sixty thousand, Eight Hundred naira only) being its equivalent in naira at the prevailing rate of N400.00-$1 as his outstanding salaries for the months of November and December 2013 and February-May 2016 plus 21% interest per annum from the 1st of June 2016 until Judgment and thereafter at the rate of 10% until the whole sum is liquidated.
On the 16th day of April 2018, Mr. O. Ifoga, counsel to the claimant/applicant moved his application and adopted his written address and affidavit in support and urged the court to grant his prayers.
The basis of this application is that Defendant by a letter dated 18th day of October 2016 signed by its managing Director/CEO, admitted that the sums of $ 24,402.00 (Twenty Four thousand, four hundred and two dollars) and N700,000 (Seven hundred thousand naira)are due to the Claimant as salaries and allowances up to the end of June 2016.
The defendant has not denied the authenticity of the aforementioned Letter nor has it disclaimed the said AYODEJI KARIM as either not being its Managing Director/CEO nor not being authorized to make such statements in the letter to the Claimant especially when a dispute had arisen or is anticipated.
The defendant from its Statement of Defence filed on the 31st of July 2017 averred that “the claimant is fully aware that the failure of the defendant to pay the sum admitted in its letter of 18th October 2016 was not out of wilful refusal or neglect but owing to the adverse economic conditions aforesaid which impacted negatively on the defendant’s business”.
After considered the submissions of Applicant’s counsel and reviewed all the authorities cited, read through all the relevant processes and digested the contention of the counsel. His Lordship expressed no doubt or contest the fact that $ 24,402.00 and N700,000 was admitted as due to the Claimant as his outstanding and earned salaries and allowances.
His Lordship found merit in the application and entered Judgment against the Defendants and in favour of the Claimant for the sum of $ 24,402.00 (Twenty Four thousand, four hundred and two dollars)and N700,000 (seven hundred thousand naira)being the sum admitted by the Defendants in favour of the Claimant.
Hon. Justice P. A. Bassi ordered the defendant to pay the judgment sum to the claimant within 30 days failing which interest shall be calculated at 10% per annum and payable to the claimant until liquidation of the judgment sum. Adjourned case to 13th of June 2018 for hearing of the outstanding claims.
