Lagos – His Lordship, Hon. Justice Ikechi Gerald Nweneka of the National Industrial Court of Nigeria, sitting in Lagos, on Tuesday 19th March 2019 in a judgment dismissed case filed by Mr. Echendu Charles Okechukwu (claimant) against Global Scansystems Limited (defendant) for lacking merit.
The court held that nothing in the Claimant’s statement on oath or exhibits in proof of his claim, that the basis of computation was not set out in the pleading and statement on oath.
The Claimant in his complaint and statement of claim dated and filed on 26th January 2016 claimed against the Defendant for An order to the Defendant to pay to the Claimant the sum of N11, 703,951.80 [eleven million, seven hundred and three thousand, nine hundred and fifty-one naira, eighty kobo] only being accumulated wages/salaries, allowances, leave grants and severance benefits from the 30th day of May 2006 to the 29th day of September 2015, being special damages.
Alternatively
An order to the Defendant to pay to the Claimant the sum of N2, 884, 154.73 [two million, eight hundred and eighty-four thousand, one hundred and fifty-four naira seventy-three kobo] only being the sum agreed by the Defendant to be due to the Claimant pursuant to the letter of ceasation of contract/employment dated the 29th day of September 2015, issued to the Claimant by the Defendant as special damages.
The Claimant was employed as Data Entry 31st January 2006 and confirmed on 1st August 2006. His employment was renewed on 1st June 2013 for a period of six months on an annual salary N2, 600,794.74. The contract continued after the expiration of six months until it was terminated by the Defendant on 29th September 2015.
After termination of his contract, claimed the Defendant refused to pay his terminal benefits hence this action.
Counsel submitted that the Claimant has proved the existence of an enforceable contract of employment, the terms breached by the Defendant and his accumulated salaries, allowances, leave grants, severance benefits and therefore entitled to damages.
Learned Counsel explained that the Defendant was not represented at the trial in spite of service of several hearing notices on it and did not file any defence, argued that in consequence of this the evidence adduced by the Claimant is unchallenged, uncontradicted and uncontroverted.
After careful analysis of all the processes filed, and the submissions of the learned Counsel, the Court presided by Hon. Justice Ikechi Nweneka that the failure of the Defendant to file a defence and cross-examine the Claimant’s witness does not automatically entitle the Claimant to judgment.
“While the old contract was subsisting, the Defendant offered the Claimant a fresh contract for a fixed term of six months on an enhanced salary package, which offer was accepted without question. By this act, the old contract automatically came to an end by the conduct of the parties. Having accepted the renewal of employment without complaint, the Claimant cannot now be heard to complain of breach of contract.
“There is nothing before me to show that the Claimant’s employment was terminated before the expiration of the six months term. Accordingly, the claim for wrongful termination of his employment has not been made out that parties are bound by the terms of their contract.
On the relief for sum of N11, 703,951.80 being accumulated wages/salaries, allowances, leave grants and severance benefits, and sum of N2, 884, 154.73 being the sum agreed by the Defendant to be due to the Claimant pursuant to the letter of cessation of contract, the court held that nothing in the Claimant’s statement on oath or exhibits in proof of this claim, that the basis of computation was not set out in the pleading and statement on oath.
“The document constituting the admission was not pleaded or tendered in evidence. In the circumstance, it is my respectful view and I so hold that there is no evidence in proof of this claim. This claim therefore fails and it is hereby dismissed.” His Lordship declared.
In all, the court dismissed the case in its entirety for lacking merit.
