IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO NICN/LA/615/2015
BEFORE HIS LORDSHIP, HON. JUSTICE (DR.) 1. J. ESSIEN
DATE: 20th June 2019
BETWEEN
MRS ADERANTI DAMOLA ORIYOMI Claimant
AND
GLOBAL SCANSYSTEMS LIMITED Defendant
REPRESENTATION:
- Agugua Esq. For the claimant
No representation for the defendant
JUDGMENT
By a complaint dated and filed on the 7/12/2015, the claimant sought the following reliefs from this court;
- An order to the defendant to pay to the claimant the sum of N9, 294, 266.57k (Nine Million, Two Hundred and Ninety Four Thousand, Two Hundred and Sixty Six Fifty Seven Kobo) being accumulated wages/salaries, allowances, leave grants and severance benefits from the 25th day of April, 2008 to the 29th day of September, 2015, being special damages.
- ALTERNATIVELY the sum of Nl, 436,314,77k (One Million, Four Hundred and Thirty six Thousand, Three Hundred and Fourteen Naira , Seventy-Seven Kobo) only being the sum agreed by the defendant to be due to the claimant pursuant to the letter of cessation of contract /employment dated the 29th day of September, 2015, issued to the claimant by the defendant as special damages.
- The sum of N20, 000, 000.00 (Twenty Million Naira) being general damages for breach of contract of employment, detention of the sum as stated in relief 2 above and the cost of this suit.
The defendant was served with the complaint in this suit on the 24/3/2017. The defendant was initially represented by counsel. However, the counsel did not file a memorandum of appearance nor enter any defence un-behalf of the defendant in this suit. Hearing in this suit commenced on the 28/11/2018,
with the claimant testifying as CW1. The claimant tendered the following documents in evidence in proof of his claims;
- The letter of offer of appointment dated 25/4/2008, Exhibit C1.
- Letter of confirmation of appointment dated 15/12/2008, Exhibit C2
- Letter of renewal of employment dated 1/6/2013, Exhibit C3
- Claimant pay slip, Exhibits C4
- Letter of Ceasation of Contract/Appointment. Exhibit C5
- Memo to the defendant MD/CEO, Exhibit C6
- Claimant statement of account with Diamond Bank PLC Exhibit C7.
- Claimant solicitor letter of demand dated 9/11/2015, Exhibit C8.
The claimant concluded his evidence in chief on the 28/11/2018, and the matter was adjourned to the 18/3/2019 for cross examination and defence. On that date the defendant was again absent likewise his counsel, despite the service of hearing notice on the defendant counsel, the defendant was foreclosed. The matter was adjourned again to the 13/5/2019 for adoption of claimant’s final written address. And the matter was adjourned to the 20/6/2019 for judgment.
BRIEF STATEMENT OF THE FACT OF THE CASE.
The claimant was employed by the defendant on the 25/4/2008. The appointment was confirmed on the 15/12/2008. The contract of employment was renewed on the 1/6/2013, with a new salary structure. The claimant allege that upon commencement of the new salary package on 1st June, 2013, the claimant noticed with utter dismay the discrepancies in the amount paid to the claimant as stated in the pay slip issued to the claimant. When the claimant observed that, he made several representations to the account department but nothing was done. In view of the above and many months of unpaid salaries and entitlements which ran into nine (9) Months, the staff of the Defendant, on the 11th day of September, 2015 had a general meeting wherein after the said meeting a letter was written to one Sir, Emeka Offor, a director of the defendant’s company complaining bitterly about their respective unpaid leave allowances, salaries, entitlement and unpaid end of the contract benefits on the destination inspection contract. The claimant allege that rather than attend to the complaint of its staff as contained in the letter of 16th September, 2015, the claimant was served a letter of ceasation of contract/appointment on the 29th September, 2015. The claimant latter caused his solicitors to formally demand the payment of the claimant accumulated wages which has remained unpaid hence this action.
This court is called upon to determine whether the claimant has been able to proof his entitlement to the reliefs claimed in this suit.
ON RELIEF NO 1
In this relief the claimant claims the sum of N9, 294,266.57k being accumulated wages, salaries, allowances, leave grants and severance benefits from the 25th day of April, 2008, to the 29th day of September, 2015, being special damages. Throughout the entire statement of facts the claimant did not plead facts relating to how he arrived at the figure claimed in this relief. No evidence was also led in the witness deposition to establish claimant entitlement to the sum claimed. This claim is in the nature of special damages. For a party to succeed in a claim for special damages, such claim must be specifically pleaded and strictly proved. See the case of Salaudeen V. Oladele [2003]3 NWLR (Pt.806) at pg. 29. The claimant in this case has failed to discharge the evidential burden placed on him to proof his entitlement to the amount claimed in this relief. This relief therefore must fail. It is refused and accordingly dismissed.
ON RELIEF NO 2
The claimant in this relief claims the sum of sum of Nl,436,314.77k, in the ALTERNATIVE, being the sum agreed by the defendant be due to the claimant pursuant to the letter of ‘Cessation of Contract/Employment’ dated the 29/9/2015, issued to claimant by the defendant as special damages. The claimant in proof of this entitlement tendered Exhibit C1, C2, in proof of his employment status with the defendant. The claimant also tendered Exhibit C3 the letter of renewal of employment for a further 6months period dated the 1/6/2013. The claimant testified that by a letter dated the 29/9/2015 titled ceasation of contract, tendered as Exhibit C5 the defendant terminated the employment and stated the claimant final entitlement to be in the sum of N 1,436,314.77k. The claimant also testified that he caused his solicitors to make a demand of the indebtedness in Exhibit C8. I have care-fully examined Exhibit C5. In that exhibit the defendant admitted owing the claimant the sum of N l,436,314.77k, as the claimant outstanding salaries, outstanding deductions and other entitlements. This is the sum which the claimant is making an alternative claims in this action.
The law is that a court can only consider and award an alternative relief when it is practically impossible to award any of the items in the main relief. See the case of Holborn Nigeria Ltd. V. O. C. Chris Enterprises Ltd. [2014] LPELR-23972.
The main claim in this suit having failed, which I have earlier dismissed in this judgment, this is the appropriate case in which this court can award the alternative relief sought in this suit which proof has been offered by the admission contained in Exhibit C5. On the state of the evidence adduced in this suit and particularly the admission contained in Exhibit C5, this court hereby holds that the claimant has proved his entitlement to the sum claimed in the alternative relief. Accordingly judgment is hereby entered in the sum of N l,436,314.77k k in favour of the claimant against the defendant in this suit.
ON RELIEF NO 3
The claimant also claims the sum of N20,000,000 for breach of contract of employment and the detention of the sum in exhibit C5. The claimant in this suit has alleged that the defendant breached the contract of employment. The claimant however failed to specifically plead and offer proof of the alleged breach he is complaining of. In the absence of proof of the breach of contract, this court hereby holds that there is no breach of contract on the part of the defendant in this action. However, if the claim of damages is predicated on the grounds that the defendant withholding of the entitlement of the claimant there may be some justification for the claim. I have carefully examine the pleadings and evidence before me, the claimant testified in paragraph14 of his witness deposition that, since the termination of her employment, the defendant has refused to credit the claimant’s salaried bank account as usual and the refusal to credit the claimant’s bank account has caused the claimant great hardship and financial embarrassment. The claimant hereby pleads her diamond Bank Account No. 0006112926. The claimant also pleaded the solicitor’s letter of demand tendered as exhibit C8. The claimant must have suffered some inconveniences by reason of the withholding of the entitlement of the claimant from 2015 up to today. The defendant is entitled to damages on the above premise. This court hereby awards the sum of N500,000 as general damages in favour of the claimant against the defendant.
On the whole this action succeeds in part. Judgment is entered in the following terms
1) The defendant shall pay the sum of N l,436,314.77k k being the areas of salary and other entitlement of the claimant to the claimant.
2) The defendant shall also pay the sum of N500,000 as general damages for the unlawful withholding of the claimant entitlement
3) This judgment sums shall be paid within 30 days from today. Failure of which it shall attract interest at the rate of 5% until the final liquidation of the debt.
Judgment is entered accordingly.
___________________________________
Hon. Justice (Dr.) I. J. Essien
(Presiding Judge)
