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National Industrial Court

MR. DANDY CHRISTOPHER ANYANKAH VS PAN AFRICAN

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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE PORT HARCOURT JUDICIAL DIVISION

HOLDEN AT PORT HARCOURT.

 

BEFORE HIS LORDSHIP: HONOURABLE JUSTICE Z. M. BASHIR.

 

Dated: 22nd day of November, 2018          

SUIT NO:   NICN/PHC/101/2017                                                                       

 

BETWEEN:

  1. DANDY CHRISTOPHER ANYANKAH

CLAIMANT

AND

PAN AFRICAN AIRLINES (NIGERIA) LIMITED

DEFENDANT

Representations:

  1. Nworgu for the Claimant
  2. Okenwafor the Defendant

Consent Judgment.

This suit was commenced by a Complaint filed on the 19th October, 2017 whereof the Claimant claimed against the Defendant as follows:

  1. A declaration that the termination of claimants employment is in violation of the claimant’s terms and conditions of service and therefore wrongful, unlawful and illegal.
  2. SPECIAL DAMAGES in the sum of N2, 674,662. 47.

PARTICULARS OF SPECIAL DAMAGES:

  1. Two months gross in lieu of notice                            = N 899, 64866.
  2. Two months basic salary for each

year completed multiplied by nine

(9) years the claimant worked for the

Defendant.                                                                      = N 986, 828.42.

iii. Claimant’s entitlement under the

Asset Management Ltd savings fund                                =N 360, 424.4

  1. Claimant’s entitlements under the

ACCOL PAN African Employee

Investment savings plan.                                                  = N 137, 354.93.

  1. Claimant’s entitlement under the

various heads of pension deductions.                                =N 93, 582.66.

  1. 7% of claimant’s basic, Housing and

Transport (BHT) as 13th Month bonus for 2012                 =N67,126.2

vii. 15% of claimant’s Basic, Housing and

Transport (BHT) allowances as leave allowance for 2012   =N129,697.2.

  1. The sum of N67,569,307.7 kobo representing claimant’s loss of earning for 26 years he would have worked for the defendant but for wrongful termination of his employment.
  2. 25% interest on the sum of N2,674,662.47 from 24/10/2012 till the date of filling of this suit and thereafter 10% on the said sum till judgment.
  3. 10% interest on the judgment sum from the date of judgment till final liquidation.

NOW WHEREAS:

  1. The Parties, having agreed to amicably resolve and settle the matter out of court, have filed Terms of Settlement signed by the Claimant on the one hand and representative of the Defendant on the other hand (A copy attached hereto) and witnessed by the Counsel to both parties.
  2. The said terms of settlement is dated the 16th of November, 2018 and filed on the same date, has been duly adopted by the parties as their terms of settlement in this suit and the basis for this consent judgment.

AND WHEREAS:

By the said Terms of Settlement, the parties in this suit have agreed to settle this case out of Court, and have further agreed on the following:

 

RELEASE AND DISCHARGE

  1. Both the Claimant and the Defendant have mutually agreed to resolve the dispute between them amicably by entering into this Terms of Settlement.
  2. That in settlement of this Suit comprised in SUIT NO: NICN/PH/101/2017, the Defendant shall pay the Claimant, a total sum of N2,000,000.00 (Two Million Naira) and the Claimant shall accept the said sum of N2,000,000.OO (Two Million Naira) (“the Settlement Sum”) as full and final settlement of all the Claimant’s claims against the Defendant arising from this suit, now and in the future, and accordingly, the Defendant shall at all times be released and discharged from any and all obligations to the Claimant, whether statutory, contractual or otherwise present or in future howsoever arising from or pertaining to the instant suit.
  3. That the Parties have agreed that the Defendant shall pay the Settlement Sum to the Claimant in lump sum, by bank transfer to the Claimant’s bank account details outlined below, within 14 (Fourteen) working days after the adoption of this Terms of Settlement in Court.

Name: Anyankah Dandy C.

Bank: Diamond Bank

Account Number: 0039437586

  1. Payment of the Settlement Sum to the Claimant shall not be deemed as an admission of any liability by the Defendant and the Defendant continues to deny any claims by the Claimant in respect of the allegations raised in this suit.
  2. The Claimant agrees and undertakes to release the Defendant, at all times, from all Liabilities arising from, connected with or pertaining to the subject matter of this suit.
  3. The Parties shall always remain bound by this Terms of Settlement now and in future, in respect of all the issues constituting the subject matter of this suit.
  4. The Claimant undertakes that it will not hold or continue to hold the Defendant liable for any claims, issues, rights, or interests, whether now or in the future in relation to the subject matter of this Suit.
  5. The Parties herein agree that no claims, assertion, or action whatsoever shall be maintained, instituted or continued by the Claimant against the Defendant in this suit, in whatever capacity, at any time, in respect of any issue or claim arising from, associated with or pertaining to the subject matter of this suit.
  6. That this Terms of Settlement represents the entire agreement between the Parties, and supersedes all prior discussions, representations, writings, or agreements in connection with the issues contained herein, and the Parties shall have a right to enforce this Terms of Settlement.
  7. The Claimant discharges the Defendant of all and any claims or liability whatsoever arising from the subject matter of this suit.
  8. This Release and Discharge shall remain binding and effective in all respect on all Parties to this Terms of Settlement, notwithstanding the discovery of any new facts or in addition to those believed to be true with respect to the claims released herein.
  9. Each of the provisions of this Terms of Settlement is severed and distinct from the others and shall each remain binding on the Parties irrespective of the invalidity of any part of this Terms of Settlement.
  10. The respective representatives of the Parties confirm that they have the authority of their respective Parties to execute this Terms of Settlement and that same shall not be defeated or vitiated on the ground of any purported irregularity in the execution thereof.
  11. This Terms of Settlement shalt be adopted by the Parties as the Consent Judgment of this Honourable Court and shall be interpreted and construed in accordance with the Laws of the Federal Republic of Nigeria.

Consequently, I have carefully listened to both parties in this matter on an application to enter terms of settlement filed on the above date as consent judgment between the parties. I have read the terms of settlement and I find it to be in accordance with Order 42 of the Rules of this court.

I hereby enter consent judgment in accordance with the said terms of settlement.

Judgment is entered accordingly.

I make no Order as to cost.

……………….………………………………………..

HON. JUSTICE Z. M. BASHIR

JUDGE.

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