IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE OWERRI JUDICIAL DIVISION
HOLDEN IN OWERRI
BEFORE HIS LORDSHIP: HON. JUSTICE I.S. GALADIMA
DATE: 11TH APRIL, 2019
SUIT NO: NICN/PHC/02/2015
BETWEEN:
OYEWOLE OYEKANMI MUSLEEM
CLAIMANT
AND
UAC FOODS LIMITED
DEFENDANT
REPRESENTATION:
- COLLINS E. OWOBU FOR THE CLAIMANT.
- PROF. ANDREW I. CHUKWUEMERIE, (SAN) FOR THE DEFENDANT.
JUDGMENT BY CONSENT:
INTRODUCTION:
THIS suit was commenced by complaint dated and filed on the 10th of February, 2015. The complaint was accompanied by a writ of summons and statement of facts, witness’ deposition, list of witness(es), and list of documents to be relied upon during the trial. In the said Statement of facts, this Claimant claimed against the Defendant, the following reliefs, thus:
- The sum of N51,177.25 being one month’s salary in lieu of notice at the time of the determination of his employment;
- The sum of N307,063.05 being the Claimant’s severance gratuity;
- The sum of N102,354.05 being Claimant’s unabsorbed leave allowances;
- The sum of N107,000.00 being the Claimant’s vehicle maintenance, medical, and educational reimbursements.
- The sum of N1,000,000.00 being general damages for the pains the Claimant and his family had passed through for the non payment of the Claimant’s Gratuity and other severance allowances and the cost of this action.
- 21% annual interest on the total sum of N1,567,276.35 from 2013 till when judgment is delivered and 25% annual post judgment interest on the judgment sum until fully liquidated.
- The Defendant entered appearance and filed a statement of defence dated 6th October, 2015.
- The parties and their respective Counsel have agreed now to fully and finally settle out of Court on the terms mutually acceptable to them and as stated hereunder:
PARTIES’ TERMS OF SETTLEMENT:
CONSEQUENT upon the decision of these parties in this here suit to settle this matter out of Court, it is agreed as follows:
- The Defendant has offered to pay the sum of N500,000.00 as full and final settlement of the Claimant’s claims in the suit and for all costs previously awarded against the Defendant in this suit.
- The Claimant has accepted the sum of N500,000.00 in full and final settlement of his entire claims against the Defendant in this here suit.
- The Claimant relinquishes all rights of claims arising from the facts in this suit, against the Defendant in consideration of the aforesaid sum paid by the Defendant.
- The parties shall bear their respective costs in relation to this action and all costs previously awarded against the Defendant shall be included in the N500,000.00 already paid to the Claimant in satisfaction of these claims.
- The parties have also agreed that the terms herein be pronounced as consent judgment by this Court.
JUDGMENT OF THE COURT:
IN CONSIDERATION of the above terms of settlement duly executed by ADELEKE Yusuff (the Legal Services Manager of the Defendant Company) in the presence of Andrew I. CHUKWUEMERIE, (SAN) who represents the Defendant on the one hand; and Oyewole OYEKANMI MUSLEEM, the Claimant in the presence of Collins E. OWOBU, Esq., (his Counsel) on the other hand:
And whereas both Counsel adopt these terms of settlement offering for consent judgment based on same;
I am convinced that the provisions of Order 42 Rule 9 of the NICN Rules have been satisfied. These terms of settlement duly adopted in Court by their respective Counsel, are hereby entered as the Consent Judgment of this Court.
Granted in Owerri this 11th April, 2019.
Hon. Justice Ibrahim S. Galadima
Judge.
