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Hon. Justice (Dr.) Isaac Essien of the Lagos Judicial Division of the National Industrial Court has ordered Delta Marine Shipping Company to pay crew and seamen Mr Akegor, Mr Lambert and Mr John the sum of N24.5m unpaid wages from April 2019 to June 2021 within 7 days.
The Court also awarded costs of N1m against Delta Marine Shipping Company.
From facts, Mr Akegor, Mr Lambert and Mr John had instituted the action against Delta Marine Shipping Company seeking the payment of outstanding wages earned while serving as seafarers onboard the vessel, pursuant to their respective contracts of employment.
Mr Akegor and 2 others had submitted that they had faithfully discharged their duties onboard the vessel but were not paid their salaries covering the years April 2019 and June 2021 despite repeated demands.
Mr Akegor and 2 others averred that they wrote letters of complaint and reminders to the Managing Director of Delta Marine Shipping Company and the Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA) regarding the nonpayment of their wages, all to no avail.
However, the defendant- Delta Marine Shipping Company, failed to enter an appearance nor file any defence.
The defendant also failed to cross-examine the claimants' sole witness, and the Court consequently foreclosed its right to cross-examination and defence.
In a well-considered judgment, Hon. Justice (Dr.) Isaac Essien held that the evidence tendered by Mr Akegor and 2 others, including their contracts of employment, seamen's records, certificates of discharge, letters of complaint and the schedule of outstanding salaries, remained unchallenged and uncontroverted.
The Court found that the evidence established that Mr Akegor and 2 others were entitled to recover their outstanding wages from Delta Marine Shipping Company.
Justice Essien further held that Mr Akegor and 2 others had discharged the burden of proof placed on them and were entitled to judgment for the outstanding wages claimed for services rendered onboard MT. Favour from April 2019 to June 2021.
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