NICN - JUDGMENT
IN THE NATIONAL
INDUSTRIAL COURT OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
BEFORE HIS LORDSHIP: HON. JUSTICE O.O. AROWOSEGBE
DATE: THURSDAY JULY 25, 2024
SUIT NO:
NICN/EN/44/2019
BETWEEN:
FRANCIS
CHUKWUKA OGOSI…………………………..CLAIMANT
AND
1.
UNIVERSAL HOTEL
LIMITED
2.
UNIVERSAL INSURANCE
PLC
DEFENDANTS
APPEARANCES:
1.
LEARNED S.I. CHIBUZO – FOR THE CLAIMANT.
2.
LEARNED IFEOMA
ADAGHARA WITH CHIDI EBERE UDEOKECHUKWU – FOR THE DEFENDANTS.
JUDGMENT
INTRODUCTION
COMPLAINT commenced this suit August 15, 2019. The
claimant claimed five reliefs in his Statement
of Facts [SF] bordering on arrears of unpaid salaries, compensations for
mental, financial and psychological tortures suffered as a result, 35% interest
on the arrears and, cost of this action.
The defendants joined issues via a Statement
of Defence [SD] filed 7th July 2022
and, this was after the case had been opened. The claimant responded by Claimant’s Reply to the Defendants Statement
of Defence [RSD] filed 8th November 2022. Thus, issues were
fully joined between the parties.
And the
matter first came up before me Mar 3, 2020. It came up two more times and the
claimant opened his case Mar 20, 2022 and tendered eleven exhibits, after which
the matter was adjourned for Cross-Examination
[XX]
and defence. The defendants were foreclosed from cross-examining the claimant
Jun 06, 2022, while the case was subsequently adjourned for adoption of Final Written Addresses [FWAs],
being that, as at that stage, the defendants had not filed their defence. On 26th
Jul 2022, the orders foreclosing the defendants and adjourning for adoption of FWAs, were set aside while the defence
processes were impliedly regularised and the case was adjourned for re-hearing.
And on 12th Jul 2023, the claimant was cross-examined by the defence
and re-examined and thereafter, the case was adjourned for defence. On Jan 24,
2024 when the defence was supposed to open, the parties intimated the Court of
attempt at amicable settlement and, the matter was adjourned for report of
settlement. And on Jul 23, 2024, it came up and the learned counsel to the
parties informed the Court that the matter had been settled and the Terms of Settlement [TS]
filed 25th June 2024.
Thereafter, the
learned claimant’s counsel S.I. CHIBUZO
told the Court that the claimant was unable to come to Court because, he was
abroad and the learned defence counsel IFEOMA
ADAGHARA admitted knowledge of this.
The learned claimant’s counsel urged the Court to waive the requirement for the
claimant’s presence and the Court waived this and allowed the learned counsel
to the parties to proceed to the adoption of the TS. Thereafter, the learned counsel to the parties adopted the TS and urged the Court to pronounce them
as its judgment on the suit. Thereafter, the matter was adjourned to July 25,
2024 for judgment. Having done with the introduction, I proceed to verbatim
reproduction of the effective part of the TS.
After reproducing the reliefs claimant and the gists of the issues joined in
the SD, the TS gave a trajectory of how the matter was settled and, set out the
agreement reached, which I proceed to reproduce verbatim, as follows:
“TERMS OF
SETTLEMENT
THE PARTIES HAVE AGREED AS FOLLOWS IN THE TERMS
OF SETTLEMENT:
1.
The Defendants
shall jointly pay to the Claimant the sum of N20,000,000.00 (Twenty Million
Naira Only) in full and final settlement of the plaintiff’s [sic] claim.
2.
That the said
payment shall be made in 3 installments to the Claimant.
3.
That the first
installment of N8,000,000.00 (Eight
Million Naira Only) shall be paid to the Claimant on or before 31st
June, 2024.
4.
The second
installment of N6,000,000.00 (Six
Million Naira Only) shall be paid to the Claimant on or before 31st
July, 2024.
5.
The third
installment of N6,000,000.00 (Six
Million Naira Only) shall be paid to the Claimant on or before 31st
August, 2024.
Dated the 14th day of May
2024.
Signed by the within-named Claimant SIGNED
Francis Chukwuka Ogosi
The common seal of the within-named 1st
Defendant UNIVERSAL HOTEL LIMITRED
was affixed in the presence of: SIGNED
Director
(Dr. Ben Ujoatuonu)
Secretary (Chinedu Onyilimba, Esq.) SIGNED
The common seal of the within-named 2nd
Defendant UNIVERSAL INSURANCE PLC
was hereunto affixed in the presence of: SIGNED
(Mr. Reginald Anyanwu)
Secretary (Chinedu Onyilimba) SIGNED
SIGNED SIGNED
S.I. Chibuzor Ifeoma Adaghara
Claimant’s Counsel Defendants’ Counsel”
The above constitutes the verbatim reproduction of the operative
part of the TS. And having carefully reproduced
verbatim abovein the operative part of the TS
dated May 14, 2024 and filed Jun 06, 2024, the TS, which is at p. 107-108 of the Process File, pursuant to the NIC
Rules, law and judicial precedents, I
proceed to give the TS as the Court’s
judgment on this suit. There I go.
THE
COURT’S DECISION ON THE TS AND THE RATIONES DECIDENDI
In
consideration of the abovein-reproduced TS,
duly executed by the parties and their erudite counsel, as recounted above and,
duly adopted before this Hon. Court by their learned counsel, as earlier recounted
hereinabove, though in the absence of the parties, as lawfully excused by the
Court earlier in virtue of Order 1, R 9 of the NIC Rules, is
therefore deemed to be in substantial compliance
with Order 42, Rules 1-7 & 9 and Order 47, Rule 9 of the NIC Rules. I so hold. I hereby accordingly
enter judgment in this suit in accordance with the TS, as reproduced hereinabove. The TS thus become the Court’s judgment and, these terms are binding on
the parties as the Court’s judgment on this case. I so hold. In the spirit of
amicable settlement, I award no cost.
Judgment is
accordingly entered today, being Thursday the 25th day of July, in
the year 2024, under my very hand, as the presiding judge.
………………………………
HON. JUSTICE Oluwakayode Ojo AROWOSEGBE
Presiding JUDGE
ENUGU DIVISION
NATIONAL INDUSTRIAL COURT OF NIGERIA