IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE JOS JUDICIAL DIVISION
HOLDEN AT JOS
BEFORE HIS LORDSHIP HON. JUSTICE K. I. AMADI
DATE: October 18, 2019 SUIT NO. NICN/JOS/35/2018
BETWEEN:
Mr. Egegwu Philip Ochayi
And
Hill Station Hotel Ltd.
Representation:
Charles Obishai (SAN) with Blessing Ochayi and Binta for the Claimant
- L. Albarka for the Defendant.
JUDGMENT
The Claimant commenced this suit by writ of General complaint dated the 13th day of November 2018 but filed on the 22th day of December 2018 claiming the followings reliefs from the Defendant:
- For an Order compelling the Defendant to pay the Claimant the sum of Nine Million, Four Hundred and Forty- Seven Thousand, Four Hundred and Sixty three Naira, Twenty Kobo (N9,447,463.29)
- Cost of this action.
The Learned Counsel for the Claimant on that same date filed a Motion on Notice praying for an Order entering summary judgment for the Plaintiff against the Defendant t in this suit.
The grounds upon which the application is brought are set out on the Motion papers as follows: –
- The Plaintiff was in the Defendant’s employment until 28th November, 2012, when he retired.
- At the time of his retirement, the Defendant was indebted to the Plaintiff to the tune of N9, 948,967.68 covering outstanding salaries, allowances, gratitude, etc.
- On 29th October, 2018 the Plaintiff’s Solicitors delivered a demand letter on the Defendant.
- The Defendant has refused and neglected to settle the indebtedness.
- This claim is a liquidated one which the Defendant has no defence to whatsoever.
The Defendant filed a Memorandum of Appearance, Statement of defence and a Counter Affidavit in opposition to the Motion on Notice for summary judgment.
In arguing this application, the learned counsel for the Claimant relied on the grounds upon which the application is brought. The supporting affidavit of 22 paragraphs with 8 exhibits marked A to H. Counsel adopted the address in support of this application. Counsel urged the Court to grant the reliefs sought in this case. Counsel moved in terms of the motion papers.
The Learned Counsel for the Defendant in his own part admitted that the sum claimed in this suit is the same with the sum arrived at as the terminal benefits of the Claimant. Counsel consequently, withdrew his counter affidavit in opposition of this application.
From the foregoing, it is very clear that this application for summary judgment is not lacking in merit. It ought to succeed and it has succeeded.
Judgment is therefore entered for the Claimant in the sum of N9, 948,967.68 as claimed.
In all, I make the following Orders:
(1) The Defendant shall pay the Claimant the sum of N9, 447,463.29 being his terminal benefits on or before November 30, 2019 failing which it shall attract 10% interest per annum until it is fully liquidated.
(2) The Defendant shall also pay the Claimant the sum of N50, 000 being the cost of this suit.
Judgment is entered accordingly.
……………………………………………………….
Hon. Justice K. I. Amadi, Ph.D.
(Judge)
