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JUDGMENT In the Originating Complaint filed by the Claimant on the 22nd day of June 2016, the Claimant sought the following reliefs against the Defendant: a. The sum of N4,086,109.98k (Four Million, Eighty Six Thousand, One Hundred and Nine Naira, Ninety-Eight Kobo) only consisting of N1,355,667.55k debit balance arising from the term loan of N1,000,000.00 and interest therein and N2,720,442.43 being outstanding principal and accrued interest on net upfront allowances granted the Defendant by the Bank which debts he has failed, refused and/or neglected to redeem despite demands for repayment by the Bank. b. 36% prevailing default commercial interest rate from the date of instituting this suit to the date of judgment of this Court. c. 10% post judgment interest from the date of judgment to the date of final liquidation of the judgment debt. d. The cost of this action Service was duly effected upon necessary applications having been sought and obtained. Intervening applications were also taken and resolved, and hearing commenced on the 8th day of November 2018. Mohammad Junaid, a Business head in one of the Claimant’s branches in Kano, testified as the Claimant’s sole witness (CW1). CLAIMANT’S CASE In proof of their claims, the Claimant called one witness. He is Mohammad Junaidu, a staff of the Claimant. The case of the Claimant, as stated in the statement of facts and in the evidence of CW1, is that the Defendant is a former staff of the Claimant who was disengaged from the services of the Claimant on 15th July 2011. Dissatisfied with the termination of his employment, the Defendant filed suit NICN/ABJ/106/2012 wherein he claimed an order restraining the instant Claimant from claiming his indebtedness from him, among other reliefs, but this claim was refused. During his employment, the Defendant was granted upfront advance payments in the total sum of N1,454,351.73 for housing allowance, dressing allowance, education allowance, anniversary allowance, furniture allowance and 10th day pay for 1st to 31st July 2011. At the date of termination of the Defendant’s employment, he had earned only the sum of N333,774.45 from the advance leaving an unearned debit balance of N1,120,577.28. The Defendant was due to pay this sum to the Claimant. The Defendant’s total prorated entitlements for the year was the sum of N608,714.98. As at the date of termination of the Defendant’s appointment, his net liability to the Claimant, after deducting the Defendant’s entitlements from the advance/upfront payments, was the sum of N511,862.30. On 19th October 2009, the Defendant was granted a term loan of N1,000,000 for a tenure of 2 years at interest rate of 26% per annum. The Defendant has not repaid the loan as at the time of termination of his appointment. By article 14.4.1 of the Claimant’s Employee Handbook, upon termination of the appointment of a staff, all loans with interest and pre-payments not amortized shall be realised by the Claimant. Also, by article 3.8 of the employee handbook, employees who cease to be in the employment are obligated to refund all unearned portions of upfront allowances. If the employee is unable to liquidate his indebtedness to the Claimant bank as at the date of exit, the debt shall attract the bank’s prevailing interest rate until the debt is repaid. The Defendant has failed to repay his debts to the Claimant since termination of his employment. The Claimant wrote a demand letter to the Defendant for the balance of the upfront payment which then stood at N511,862.30 but the Defendant still refused to pay up and instead, filed a suit against the Claimant. The current interest rate chargeable on every commercial credit facility is 36% per annum. As at 20th June, the Defendant’s total indebtedness to the Claimant stood at N4,086,109.98. CW1 tendered some documents in evidence in further proof of the Claimant’s case. DEFENDANT The Defendant was served the originating processes of this suit, but he did not enter appearance and he did not file any process in defending this matter. He was also served hearing notices in the course of the proceedings, but he still failed to appear. All the processes were served on the Defendant by substituted means, in compliance with the order of court made on the 9th day of May 2017. The Defendant was also not represented by a counsel in the matter. This court was left with no option than to foreclose the Defendant from cross examining CW1 and also from defending this suit. The Claimant filed its final written address subsequently and it was adopted on 25th May 2019. CLAIMANT’S FINAL WRITTEN ADDRESS In their final written address, learned counsel for the Claimant raised a lone issue for determination to wit: Whether having regard to the viva voce and documentary evidence placed before the court, the Claimant has not proved its case to be entitled to the judgment of this honourable court. On the sole issue for determination, learned counsel for the Claimant emphasized that the Claimant has established that the relationship that existed between it and the Defendant is that of an Employer and Employee. Counsel submitted that all the facts adduced in the Claimant’s Statement of Facts were not disputed nor were they challenged by the Defendant whether by way of defence or cross examination of the Claimant's Witness (CW1). Placing reliance on the case of LEADWAY ASSURANCE COMPANY LTD vs. ZECO NIG LTD (2004) 13 NSCQR P.394 at 405 Paras E-G, counsel submitted that facts contained in pleadings which were not challenged nor traversed by the opposing party are deemed admitted. It was the submission of counsel that besides Exhibits D, E, F, G, H and J, that Exhibit C not only strengthens the Claimant's claim but corroborates the Claimant's claim that the Defendant is indebted to it and has failed to liquidate his indebtedness to the Bank and thus necessitating the instant suit. In addition, counsel submitted that the debts are recoverable by the Claimant notwithstanding the fact that he has ceased to be an employee of the Claimant vide Exhibit B. counsel urged the court to hold that Exhibit M (Bank Employee’s Handbook) contains the terms of contract that govern the relationship between the Claimant and the Defendant, and is binding on the Defendant. Counsel further urged the court to hold that the Claimant is entitled to recover all unearned allowances and loans with accrued interest granted the Defendant totalling the sum of N4,086,109.98k (Four Million, Eight-Six Thousand, One Hundred and Nine Naira, Ninety-Eight Kobo) which is the Defendant's total indebtedness to the Claimant as at the time of filing this action and consisting of the sums of N2,720,442.43 and N1,365,667.55 being the debit balance in the statement of upfront allowance (Exhibit L) and the Statement of Account (Exhibit K). In addition, counsel submitted that Exhibit G which constitutes the contractual agreement of the parties shows that the interest rate chargeable on the facility is 36% per annum which parties are ad idem that the rate is subject to changes depending on the money market conditions. Counsel placed reliance on the case of ANYAEGUBAM vs. OSAKA (2000) 1 NSCQR pp. 403 at 418 para B and submitted that the parties are bound by the agreement. Counsel placed reliance on the provisions of Order 47 Rule 7 of the Rules of this Court 2017, which empowers the court to grant interest at a rate not less than 10% per annum to be paid upon any judgment. Hence, counsel claimed interest of 36% from the date of instituting this suit till the date of judgment of this Court, and post judgment interest of 10% also. Counsel urged the court to enter judgment in favour of the Claimant as per its Claim on the statement of fact having satisfactorily proved its claim with credible evidence before this Court despite the fact that its claim was not in any way challenged nor controverted by the Defendant who has failed to defend the action. COURT’S DECISION: The Claimant has averred that the Defendant was its former employee. The evidence to that effect are the employment letter and letter of termination of employment. These are Exhibits A and B respectively. The principal claim of the Claimant is for an order to the Defendant to pay the sum of N4, 086,109.98 consisting of the sum of N1,365,667.55 being the balance from the term loan of N1,000,000 granted to the Defendant and the sum of N2,720,442.43 being outstanding on net upfront allowances granted to the Defendant. The facts of how these debts accrued are pleaded in paragraphs 9, 10, 11, 12, 13, 14, 20 and 21 of the statement of facts. CW1 also gave evidence to support the pleaded facts. I have also seen Exhibits D, E, F, G, K and L tendered by CW1 in support of the Claimant’s case. Exhibit D is a computation of the Defendant’s terminal entitlements and liabilities to the Claimant as at 15th July 2011. It shows that the Defendant has a balance of N511,862. 30 as liability to the Claimant after subtracting his total liability from his total entitlements. Exhibit L is a computation of interest on the Defendant’s outstanding liability to the Claimant from August 2011 to June 2016. The outstanding debt of the Defendant amounted to the sum of N2,720,442.43. Then Exhibit F is the Defendant’s application for the sum of N1,000,000 term loan while Exhibit G, dated 19th October 2009, is the offer letter by which the Claimant advanced a loan of N1,000,000 to the Defendant. the Defendant’s account statement is Exhibit K. The account is in debit balance in the sum of N1,365,667.55 as at 31st May 2016 as a result of interest capitalisation on the loan. From the evidence of CW1 and the documents tendered in evidence, I find that the Claimant has proved the sum claimed against the Defendant in this suit. The Defendant did not defend this suit. He was given ample notice and opportunity to be heard in the matter, but he chose to allow the matter to proceed without a defence. Obviously, the Defendant has no defence to the claims of the Claimant. The facts pleaded by the Claimant and evidence adduced by her remained uncontroverted and unchallenged. It is trite that where a Defendant is given opportunity to put up his defence and he fails to utilize same; the effect is that he admits the claims of the Claimant. In TEMILE vs. AWANI (2001) FWLR (Pt. 62) 1937 at 1953, the Supreme Court held: “In respect of facts in the statement of claim which are admitted or not disputed by the defence, and accordingly no issue was joined between the parties, no proof of such facts is required and no evidence is necessary or admissible in further proof of such admitted facts”. In IYERE vs. BENDEL FEEDS AND FLOUR MILL LTD (2009) All FWLR (Pt. 453) 1217 at 1247 it was held that- “Where evidence given by a party is unchallenged or uncontroverted, a court of law must accept and act on it unless it is palpably incredible”. See also OYENIYI vs. ADELEKE (2009) All FWLR (Pt. 476) 1902 at 1922; KYARI vs. ALKALI (2001) FWLR (Pt. 60) 1481; ASAFA FOODS FACTORY LTD vs. ALRAINE NIG. LTD. (2002) FWLR (Pt. 125) 756. The only material placed before this court upon which this matter is to be decided is the facts and evidence presented by the Claimant. The evidence before the trial court goes one way with no other set of facts or evidence to put on the other side of the proverbial or imaginary scale of balance as against the evidence given by the Claimant. Since the Defendant did not dispute the claims of the Claimant, the onus of proof on the Claimant in this case is discharged on minimal proof. Besides the fact that the Claimant’s suit is not defended, I find merit in the Claimant’s case. The Claimant has proved its claims. Accordingly, all the reliefs sought by the Claimant are granted. It is ordered as follows: 1. The Defendant is hereby ordered to pay the sum of N4,086,109.98 to the Claimant consisting of the sum of N1,365,667.55 being the debit balance in the Defendant’s account arising from the term loan of N1,000,000 and interest thereon granted to the Defendant and the sum of N2,720,442.43 being outstanding principal and accrued interest on net upfront allowances granted to the Defendant. 2. The Defendant is ordered to pay the commercial interest at the rate of 36% on the sum per annum from the date this action was instituted to the date of this judgment. 3. The judgment sum and the accrued interest must be paid to the Claimant within 30 days from today. After this period, the Defendant shall pay interest at 10% per annum on the sums until when it is finally paid to the Claimant. I also award cost of N100,000 in favour of the Claimant. Judgment is entered accordingly. Hon. Justice O. Y. Anuwe Judge