IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT OWERRI
SUIT NO: NICN/YEN/04/2016
BETWEEN:
ANENE CHUMA ATAGBUZIA
CLAIMANT
AND
COSTAIN (WEST AFRICA) PLC
DEFENDANT
REPRESENTATION:
J.K. KHANABO, ESQ. CLAIMANT COUNSEL
ERIKEFE E. EVWIEKPAEFE, ESQ. DEFENDANT’S COUNSEL
JUDGEMENT
CORAM: HON. JUSTICE I. S. GALADIMA.
The Claimant’s Counsel had on the 14th 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 2017 for the following orders:
- An Order entering final judgment for the sum of N21,794,199.93 (Twenty One Million, Seven Hundred and Ninety Four Thousand, One Hundred and Ninety Nine Naira, Ninety Three 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.
- An order directing the Defendant to pay to the Plaintiff (Claimant) interest on the said N21,794,199.93(Twenty One Million, Seven Hundred and Ninety Four Thousand, One Hundred and Ninety Nine Naira, Ninety Three Kobo) at the rate of 17% per annum until from 16th April 2016 until the date of judgment and thereafter, at 17% per annum until the full amount is paid.
- And for further or other orders as this court may deem fit to make in the circumstances.
An affidavit of 9 paragraphs was duly deposed to and a written address submitted to support the said motion.
The Defendant 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 motion was moved on the 15th of February, 2018 and adjourned to today for pronouncement.
THE FACTS:
Briefly, the Claimant was an employee of the Defendant/Respondent and when his services were terminated, he had this suit filed on the 7th of January, 2016 for the following reliefs:
- The sum of N21,794,199.93 (Twenty One Million, Seven Hundred and Ninety Four Thousand, One Hundred and Ninety Nine Naira, Ninety Three Kobo) only being the balance of the Claimant’s final entitlement and unremitted pension which the Defendant has refused to pay.
- Interest on the said sum at 17% annually from the 16th of April, 2014 until judgment and thereafter at the same rate until the sum is paid.
The Defendant who though filed a Statement of Defence, admitted to the claim made stating same to be an indebtedness against the Defendant Company.
The Claimant’s Counsel raised one issue for determination thus: “Whether in light of the admission, the Court ought to grant the Applicant’s prayer”.
It was argued that by Order 34 Rule 4 of the NICN Rules, this Court is empowered to enter judgement based on admissions already made. Also, that by virtue of Section 123 of the Evidence Act 2011, facts which have already been admitted need no further proof. Accordingly also, in the case of BUNGE V. GOVERNOR OF RIVERS STATE (2006) 12 NWLR (Pt. 995) 573, the Supreme Court held that there is no dispute on facts already admitted. Counsel also relied on the decision in BENDEL PILGRIMS WELFARE BOARD V. IRAWO (1995) 1 NWLR (Part 369) 24 where the court similarly restated the above law.
The learned Claimant’s Counsel enjoined this Court to enter judgment based on the above principle of law relying further on the case of ALHAJI M. LAWAN V. ALHAJI SHETTIMA (2001) FWLR (Part 71) 1869.
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.
COURT’S DECISION:
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. See the case of ARAB CHEM LTD. V. OWODUENYI [2013] 10 NWLR (PT. 1361) 89 AT 101-102, PARAS. H-B, PER ORJI-ABADUA, JCA:
Now, regarding the pre-judgment interest at the rate of 17% sought by the Claimant, it is pertinent to note that pre-judgment interests must not only be pleaded but must be strictly proved. See FARASCO NIG. LTD AND ANOR. V. PZ IND (2010) LPELR-4142(CA) – Per ORJI-AGBADUA, J.C.A (P. 26, Paras. E-F). It is not sufficient for a Claimant to simply suggest that a Defendant admits to pay a pre-judgment interest. He must go further to establish the circumstances justifying the award of such interest. The Claimant asked for pre and post judgment interests. However, this Court shall not grant the pre-judgment interest claimed as same has not been established to be a part of the claims admitted by this Defendant. See MR. KURT SEVERINSEN V. EMERGING MARKETS TELECOMMUNICATION SERVICES LIMITED [2012] 27 NLLR (PT. 78) 374 NIC.
Consequently, I enter judgment for the Claimant as follows:
- The Claimant is entitled to the sum of N21,794,199.93(Twenty One Million, Seven Hundred and Ninety Four Thousand, One Hundred and Ninety Nine Naira, Ninety Three Kobo) being judgment debt owed upon disengagement from service as per his Statement of Facts filed on the 7th of January, 2016.
- The judgement debt shall be paid within 30 days from today and in default, an interest of 10% per annum shall accrue on any balance until final liquidation of the entire judgement debt.
- The sum of N 50,000.00 only being the cost of this action payable within 30 days of this here judgment.
For the avoidance of doubt, I enter judgement for the Claimant and award the total sum of N21,844,199.93 (Twenty One Million, Eight Hundred and Forty Four Thousand, One Hundred and Ninety Nine Naira, Ninety Three Kobo only) payable within 30 days from today.
Delivered on the 19th of February, 2018
Hon. Justice Ibrahim Suleiman Galadima.
Judge.
