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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height: normal"><u><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">REPRESENTATION</span></u><span style="font-size:12.5pt;font-family:"Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">O.R. Dikeocha with Mary Dibiapzue for the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">I. G. Nweneka with Chidi Omereji, Olayinka Olaiya for the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" align="center" style="text-align:center"><u><span style="font-size:12.5pt;line-height:115%;font-family:"Times New Roman","serif"">JUDGMENT</span></u><span style="font-size:12.5pt;line-height:115%;font-family:"Times New Roman","serif""> <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="line-height:normal"><b><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. <i>Introduction & Claims</i></span></b><span style="font-size:12.5pt;font-family:"Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><i><span style="font-size:12.5pt;line-height:115%;font-family:"Times New Roman","serif"">By</span></i><span style="font-size:12.5pt;line-height:115%;font-family:"Times New Roman","serif""> a <i>General Form of Complaint </i>dated 4/6/14 and statement of facts, the Claimant approached this Court for the following reliefs against the Defendant - <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. A total sum of N1,802,218.63, being the Claimant’s salary and net entitlement after all deductions and which the Defendant has failed, refused and or neglected to pay.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> 2. Interest on the above sum at a fixed deposit rate of 10% per annum from 18<sup>th</sup> January, 2011, till the date of judgment and thereafter at the rate of 12% per annum from the date of judgment till the judgment debt is liquidated.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">3. General damages in the sum of Two Million Naira only.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">4. =N=300,000.00 as cost of this action.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Claimant's <i>Form 1 </i>was accompanied by statement of facts, witness statement on oath, Verifying Affidavit and copies of documents to be relied upon at trial. On 22/8/14, Defendant entered an appearance and filed its defence processes as required by the rules of this Court. It also sought the following counter claims against the Claimant for the sum of =N=1,443,126.71 together with interest at the rate of 22% per annum from 21<sup>st</sup> June 2011 until full liquidation of the debt and cost of this action.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">2. Claimant's case<o:p></o:p></span></i></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The trial of this case commenced on 16/12/14 when the Claimant testified as <i>CW1 </i>and adopted his witness statement on oath dated 4/6/14 as his evidence in chief. On 14/3/15, witness adopted additional statement on oath dated 23/12/14 as his further evidence in chief. Witness later tendered 8 documents as exhibits. They were admitted as exhibits and marked as <i>Exh. C1-Exh. C8. </i><o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The case of the Claimant as shown from his pleadings are that he was an employee of the defendant until 18<sup>th</sup> day of January 2011; that he was employed by the defendant on the 1<sup>st</sup> day of January 2006 as senior banking officer via a letter of appointment dated 1<sup>st</sup> January 2006; that the terms of his appointment are further contained in the bank’s employee handbook issued to him; that before his employment by the Defendant he was a staff of the then Intercity Bank PLC which merged with 8 other banks to form Unity Bank Plc; that subsequently the Defendant promoted me to the position of Deputy Manager with a new compensation package via the Defendant’s internal memo date 27<sup>th</sup> August 2009; that while in the employment of the Defendant he performed my duties diligently and conscientiously; that on the 18<sup>th</sup> of January 2011, the defendant via its Internal Memo dated same date wrote to inform him that his appointment has been terminated on the ground of “service no longer required; that he accepted this decision calmly and in good faith while expecting the Defendant to pay his terminal benefits and that since the termination of his appointment he has made several demands for the payment of his entitlement but the Defendant has refused and or neglected to pay same. The Claimant further averred that his total entitlement from the Defendant was =N=3,095,636.63; that he took a car loan of =N= 1,293,481.00 from the Defendant; that when this loan is subtracted from his entitlement he would have a balance of =N=1,803,218.63 as his net entitlement; that he has suffered untold hardship since the termination of his appointment due to the defendant’s failure to pay his entitlement, for which he believed he is entitled to damages; that the failure of the defendant to pay his entitlement prevented me from setting up some business to cushion the effect of the termination of his appointment by the Defendant; that he has incurred a lot of expenses in his effort to recover my entitlement including solicitor’s fees, filling fees and transport cost; that all efforts to get his entitlement from the Defendant have failed and that it would be in the interest of justice for judgment to be given in his favour as per his writ of summons and statement of clam. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Under cross examination the witness testified that he was Festac Branch Manager of Defendant until 18/1/11; that his appointment was terminated further to investigating activities of his conduct at the Branch; that he was not restrained from proceeding on casual leave by the Defendant; that after the disappearance of 100,000 Dollars from his Branch between 2<sup>nd</sup> and 3<sup>rd</sup> September 2010, he made a withdrawal of 100,000 Dollars from his account with the Defendant; that he maintained over 7 accounts with different branches of the Defendant; that he had transaction in excess of =N=500,000 million from these accounts; that he did not elope from his office on 4/9/10; that he was not working for himself while working for the Defendant; that he did not apply to the Defendant for a share loan; that he has not been paid all his entitlements and that he does not owe the Defendant any amount. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family: "Times New Roman","serif""> </span></i></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">3. Defendant's case <o:p></o:p></span></i></b></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The Defendant did not call any witness and neither did it tender any documents for admission as exhibits. The case of the Defendant from the pleadings filed is that the Claimant was whilst in the employment of the Defendant running his private business which was in direct competition with the business of the Defendant; that the Claimant abused his position as Branch Manager of the Festac Branch of the Defendant which resulted in a loss of the sum of US $100,000 to the Defendant; that the Defendant is not indebted to the Claimant as alleged or at all; that the Claimant’s total liability at the time of disengagement from the Defendant was =N=3,734,754.72 and his total entitlement was =N=2,291,628.01 leaving a debit balance of N1,443,126.71; that from the Claimant’s terminal statement of account the Claimant is indebted to the Defendant in the sum of =N=1,443,126.71 and that the Court to the Defendant for the sum of =N=1,443,126.71 together with interest at the rate of 22% per annum from 21<sup>st</sup> June 2011 until full liquidation of the debt and cost of this action. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">At the conclusion of trial and accordance with the direction of the Court, learned Counsel on either side filed final written addresses. The final written address of the Claimant was filed on 17/12/15. <i><o:p></o:p></i></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></i></b></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">4. Submissions on behalf of the Claimant<o:p></o:p></span></i></b></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">In it, learned Counsel canvassed 5 main issues for determination. They are as follows -<o:p></o:p></span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:19.5pt;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. Whether the failure of the defendant to lead evidence in support of the averments in its pleading does not render the averments useless and ineffective. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in; margin-left:19.5pt;margin-bottom:.0001pt;text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. Whether the claimant has proved his claim and therefore entitled to his claim for salary and net entitlements. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;text-indent:19.5pt;line-height:normal"><span style="font-size:12.5pt; font-family:"Times New Roman","serif"">3. Whether the claimant is entitled to general damages as claimed. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;text-indent:19.5pt;line-height:normal"><span style="font-size:12.5pt; font-family:"Times New Roman","serif"">4. Whether the claimant is entitled to interest as claimed. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;text-indent:19.5pt;line-height:normal"><span style="font-size:12.5pt; font-family:"Times New Roman","serif"">5. Whether the claimant is entitled to cost as claimed. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;text-indent:19.5pt;line-height:normal"><span style="font-size:12.5pt; font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On issue 1, learned Counsel argued that the Defendant failed to call any witness in defence of its case and proof of its counter claim after the Court had adjourned 4 times for it to do so; that since the Defendant led no evidence in support of its averments the facts pleaded go to no issue and must be discountenanced. Counsel, citing <i>Nathaniel Ajero v. Bernard Ugorji (1997)8 SC (Pt. 1) 58 at 73, </i>urged the Court to hold that not having called evidence, the Defendant must be deemed to have abandoned its defence and counter claims sought. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Respecting issue 2, learned Counsel submitted that the Claimant has proved his entitlement to salary and net entitlement; that by <i>Exh. C1 & Exh. C2 </i>he established his employment status and remuneration with the Defendant; that <i>Exh. C3 </i>is the letter for the termination of his appointment while <i>Exh. C4</i> is the demand letter from his Solicitors. Counsel submitted further that the Claimant's only liability to the defendant was the Car loan of =N=1,293,418.00 and that when deducted from the total entitlement of the Claimant in the sum of =N=3,095,636.63 the balance left payable to the Claimant is =N=1,803,218.63 and that the evidence led by the Claimant in proof of his claim was not challenged at by the Defendant even under cross examination. Learned Counsel thus prayed the Court, citing <i>Agbasi & Ors. v. Obi & Ors. (1998)1-2 S.C 26, Military Governor of Lagos State & Ors. v. Adebayo Adeyiga & Ors (2012)2 S.C (Pt. 1) 68 & Nathaniel Onwuka v. Bernard Ogoji (1999)7 S.C (Pt. 1) 58 at 71 </i>to accept the unchallenged evidence led by the Claimant as sufficient proof of his case and hold that the Claimant is entitled to his claim for salary and net entitlement.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On whether the Claimant is entitled to general damages which is issue 3, learned Counsel argued that the facts of the case entitled the Claimant to general damages. According to Counsel, the Defendant terminated the appointment of the Claimant for reason that his service was no longer required; that the Claimant had suffered untold hardship since the termination of his appointment due to the failure of the Defendant to pay him his entitlement and failure of the Defendant to pay Claimant his entitlement has prevented the Claimant from setting up some business to cushion the effects of the termination of his appointment. Citing <i>Agbanelo & Anor. v. Union bank of Nigeria Plc (2000)4 S.C (Pt. 1) 233 at 244 </i>Counsel submitted that damages are pecuniary compensation awarded unconditionally and generally to a successful party in an action for a wrong which is either tort or a breach of contract and that in awarding general damages, the Judge need hardly put the evidence in any scale since its assessment is at the discretion of the Judge. Counsel cited <i>African Continental Bank Plc v. Uzor Brothers (Nig.) Limited (1997)6 NWLR (Pt. 510) 692 </i>and urged the Court to award general damages as sought.<o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">On issue 4, learned Counsel submitted, citing <i>National bank of Nigeria Limited v. Savol West Africa Limited (1994)3 NWLR (Pt. 333) 435</i> & <i>E.A. Industries Limited & Ors. v. National Economic Reconstruction Funds (2009)8 NWLR (Pt. 1144) 535 </i>that in award of interest, the overriding principle is that interest should be awarded to the Plaintiff not as compensation for the damage done but for being kept out of money which ought to have been paid to him and that when in judicial proceedings claims are made for liquidated money demands, interest may be awarded as of right and at the discretion of the Court. Learned Counsel prayed the Court to award interest to the Claimant as claimed. <o:p></o:p></span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align: justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">With regard to issue 5 on cost, Counsel submitted that the Claimant instituted this suit to enforce his right under a contract of employment between him and the Defendant; that this would not have become necessary if the Defendant had performed its contractual obligation under the contract to the Claimant and that the Claimant had incurred needless cost including Solicitors' fees for which he ought to be reimbursed. Citing <i>Alh. Sabo Mohammed Gambari v. Ibrahim Mohammed Ilori (2002)14 NWLR (Pt. 786) 79 at 102-103 & Adebanjo v. Ewetuga (1993)4 NWLR (Pt. 28) 455 </i>Counsel prayed the Court to consider the legal fees in awarding cost to the Claimant.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Finally, learned Counsel urged the Court to enter Judgment for the Claimant as per the claims sought.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></i></b></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">5. Submissions on behalf of the Defendant<o:p></o:p></span></i></b></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">The 3 page final written address of the Defendant was dated 29/3/16 and filed on 30/3/16 in which learned Counsel set down a lone issue for determination as follows - <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> Whether the Claimant has proved his case to entitle him to judgment as per his writ of summons.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">Arguing this issue Counsel submitted that the Claimant must succeed on the strength of his evidence and not on the weakness of the defence; that the Claimant merely dumped figures without explanation of how the sums were arrived at leaving the Court to conjecture and that the figures are not supported by exhibits. Counsel submitted, citing <i>Mobil Producing (Nig.) Unlimited v. Udo Tom Udo (2008)36 WRN 53 at 104 </i>that a claim for terminal benefits is a claim for special damages which must be specifically pleaded and strictly proved and that there is nothing to show how the figures were arrived at or the portion of the employment contract authorizing it. Counsel argued further that the witness statement on oath dated 4/6/14 is not sufficient proof of the cost of =N=300,000.00 citing <i>Section 131(1), Evidence Act, 2011; </i>that the law is settled that the Court cannot award pre-judgment interest on ordinary debts unless agreed upon by the parties and proved or inferred from practice and custom referring to <i>Mrs. Agnes Folashade Osu v. Peugeot Automobile Nigeria Limited (2002)3 WRN 176 at 192 & Reuben Ekwunife v. Wayne (west Africa) Limited (1989)12 S.C 92 </i>and that not only has the Claimant not shown any damage suffered to be entitled to general damages but that the claim for damages and cost amounts to double compensation citing <i>Mobil Producing (Nigeria) Unlimited v. Udo Tom Udo (Supra).<o:p></o:p></i></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">Finally, learned Counsel submitted that the Claimant has failed to prove his case and hence not entitled to the reliefs sought. He urged the Court to so hold and dismiss the suit as filed.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">6. Reply on Points of Law<o:p></o:p></span></i></b></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">On 18/4/16, learned Counsel to the Claimant filed a Reply on Points of Law. Essentially, learned Counsel argued that the issue of the salary and entitlement of the Claimant was admitted by the Defendant referring to page 4 of <i>Exh. C5; </i>that the Defendant did not deny the existence of that exhibit which indeed emanated from the Defendant; that no evidence was elicited by the Defendant in cross examination of the Claimant respecting the exhibit; that evidence respecting same remains unchallenged and that the Court is under an obligation to accept and rely on same. Learned Counsel referred to <i>Okoebor v. Police Council (2003)40 WRN 93 at 98 & Trade Bank Plc v. Chami (2003)42 WRN 129 at 135.</i> Learned Counsel prayed the Court to grant all the prayers of the Claimant.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><i><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">7. Decision<o:p></o:p></span></i></b></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">I have read all the processes filed by learned Counsel on either side. I listened with attention and understanding to their oral submissions as well. I also listened to the sole witness who testified in this case, watched his demeanour under cross examination and evaluated all the exhibits tendered. Having done all this, I narrow the issue for the just determination of this case to be two as follows - <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. Whether the Claimant has proved his case to be entitled to a grant of all or some of the reliefs sought against the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">2. Whether the Defendant is entitled to its counter claims.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The principle of law remains trite and accords with commonsense that to be entitled to Judgment of Court the person suing must lead credible, cogent and admissible evidence in support of his claims. This has simply translated to the common legal saying that he who asserts must prove same. The burden of proof is not thereby discharged simply because the Defendant as in the instant case does not call evidence. A party laying claim and seeking judicial pronouncement in his favour cannot rely on the weakness of the case of his defendant. Rather he will succeed only on the strength of his case. However, the burden of proof is dispensed with where there is an admission of material facts. For, it is the law that facts admitted need no further proof. <o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">In the instant case, the claims of the Claimant are as follows (a) A total sum of N1,802,218.63 being the Claimant's salary and entitlement after all deductions and which the defendant has failed, refused and or neglected to pay; (b) Interest on the above sum at a fixed deposit rate of 10% per annum from 18th January 2011 till the date of judgment and thereafter at the rate 12% per annum from the date of judgment till the judgment debt is liquidated; (c) General damages in the sum of N2m (Two Million Naira) only and (d) =N=300,000.00 as cost of this action. Claimant led evidence in support of his claims. Claimant testified as <i>CW1 </i>and aside adopting his written depositions as his evidence in chief, Claimant also tendered 8 exhibits marked as <i>Exh. C1-Exh. C8. </i> In paragraph 12 of his written deposition Claimant gave his total entitlement to be =N=3,095,636.63. In paragraph 13 of the same deposition, Claimant averred that he took a car loan of =N=1,293,481.00 from the Defendant and that when the Loan is subtracted from his entitlement he would be left with a the balance of =N=1,803,218.63 as his net entitlement. I should mention that during cross examination on 4/3/15, learned Counsel to the Defendant did not ask the Claimant any question respecting this averment. Now of the exhibits tendered and admitted in this case, <i>Exh. C5 </i>is of critical importance to the case of the Claimant. That exhibit was dated 23/3/12 and titled <i>Re: Release of Funds in Current Accounts and Payment of Terminal Benefits in Favor of Joel Onaolapo. </i>It emanated from the Defendant and signed by two Officers of the <i>Legal Services Department </i>of the Defendant. On page 4 of that exhibit, the Defendant acknowledged and admitted that the total entitlements of the Claimant was =N=3,095,636.63. This tallied with evidence in chief of the Claimant as to his total entitlement from the Defendant. Learned Counsel to the Defendant did not controvert or deny the contents of <i>Exh. C5. </i>Yet no effort was made in cross examination to challenge the content of same. The law is relatively settled that facts admitted need no further proof. Thus, Defendant having admitted the sum due to the Claimant as his total entitlement, the Claimant is relieved the burden of having to lead evidence in proof of same. Now, Claimant too has admitted being indebted to the Defendant for the Car loan in the sum of =N=1,293,481.00, once this sum is deducted from the total entitlement of the Claimant in the sum of =N=3,095,636.63 the Claimant is left with the sum of =N=1,803,218.63 as due to him from the Defendant. I thus hold and direct the Defendant to pay to the Claimant the sum of =N=1,803,218.63 being the Claimant's salary and entitlement after all deductions.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">Secondly, the principle on award of interest has been held not so much to be one of compensation for the damage done to the Claimant but for being kept out of his money which ought to have been paid to him. See <i>International Offshore Construction Limited v. S.I.N Limited (2013)16 NWLR (Pt. 845) 157, National Bank of Nigeria Limited v. Savol West Africa Limited (1994)3 NWLR (Pt. 333) 435 & UBA Plc v. BTL Industries Limited (2004)18 NWLR (Pt. 904) 180 .</i> As far back as 23/3/12 and by <i>Exh. C5 </i>a document of the Defendant, the Claimant was as at that date entitled to the sum stated in his favour. Yet, the Claimant was made to seek judicial intervention before his due was paid to him. The Defendant kept the Claimant out of the use of his legitimate entitlement. It is also apt to state that the Defendant made use of the funds while holding on to it. The circumstances of this case are such as to make the award of interest<i> </i>inevitable. I award interest at the rate of 10% on the sum of =N=1,803,218.63 due from the Defendant to the Claimant from 18/1/11 till the date of this Judgment and thereafter at the rate of 12% from the date of this Judgment till final liquidation of same.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The Claimant has also sought the sum of Two Million Naira as general damages against the Defendant. The law regarding to general damages presumes damages as flowing from the wrong complained of by the victim. Such damages in law need not be specifically pleaded and strictly proved. In other words, general damages are compensatory damages for harm resulting from the tort for which the party has sued. See the cases of <i>UBN Plc. v. Ajabule (2011) 18 NWLR (Pt. 1278) 152 SC; Husseni v. Mohammed (2015) 3 NWLR (pt. 1445) 100.<o:p></o:p></i></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">I have the evidence of the Claimant on oath that he suffered untold hardship since the termination of his appointment due to the Defendant's failure to pay his entitlement. Claimant also averred that failure of the Defendant in paying his entitlement prevented him from setting up some business to cushion the effect of the termination of his appointment. I hold that the Claimant has suffered some damage for which he is entitled to general damages. In the circumstances of this case, I award the sum of =N=500,000.00 as general damages payable by the Defendant to the Claimant.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The law is trite, cost generally follows event. Cost is not designed to punish the losing party but rather to compensate the wining party for the reasonable expenses incurred in prosecuting his case. No doubt if the money due to the Claimant had not been withheld by the Defendant the Claimant would not have had a resort to the Court to enforce his contractual right<b>. </b>I award cost assessed at =N=100,000.00 to the Claimant and payable by the Defendant.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The second issue for determination is whether the Defendant is entitled to its counter claims. Defendant filed a statement of defence and counter-claim. Unfortunately, the Defendant did not lead any evidence in support of either its defence or even the counter claims. The law is trite that a counter claim is akin to a separate suit of its own. Thus the burden is on the counter claimant to adduce cogent and credible evidence in support of same in order to be entitled to a grant of the counter claim sought. In the instant case, Defendant did not lead evidence in support of its counter claims. The counter claims are thus deemed abandoned. Therefore not having been proved, the counter claims of the Defendant are deemed abandoned and are accordingly dismissed.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">Finally, for the avoidance of doubt and for all the reasons as stated in this Judgment,<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">1. I hold and direct the Defendant to pay to the Claimant the sum of =N=1,803,218.63 being the Claimant's salary and entitlement after all deductions. <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">2. I award interest at the rate of 10% on the sum of =N=1,803,218.63 due from the Defendant to the Claimant from 18/1/11 till the date of this Judgment and thereafter at the rate of 12% from the date of this Judgment till final liquidation of same.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">3. In the circumstances of this case, I award the sum of =N=500,000.00 as general damages payable by the Defendant to the Claimant.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">4. I award cost assessed at =N=100,000.00 to the Claimant and payable by the Defendant.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">5. Therefore not having been proved, the counter claims of the Defendant are deemed abandoned and are accordingly dismissed. <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif""> </span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">All the terms of this Judgment shall be complied with within 30 days from the day of delivery.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">Judgment is entered accordingly.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align:justify"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif""> </span></p> <p class="MsoListParagraphCxSpFirst" align="center" style="margin-left:0in; mso-add-space:auto;text-align:center"><span style="font-size:12.5pt;line-height: 115%;font-family:"Times New Roman","serif"">____________________<o:p></o:p></span></p> <p class="MsoListParagraphCxSpLast" align="center" style="margin:0in;margin-bottom: .0001pt;mso-add-space:auto;text-align:center;line-height:normal"><span style="font-size:12.5pt;font-family:"Times New Roman","serif"">Hon. Justice J. D. Peters<o:p></o:p></span></p> <p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt; text-align:center;line-height:normal"><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">Presiding Judge<o:p></o:p></span></p>