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JUDGMENT On 31st May 2017, the Claimants filed this action before this court claiming the following reliefs against the defendant: 1. Payment of the sum of N670,667 and N498,812 to the 1st and 2nd Claimants respectively being arrears of salaries owed to them before their resignation. 2. Interest of 10% on the unpaid sums from the date of judgment until the sums are fully paid 3. an Order directing the Defendant to pat the 1st Claimant the sum of N263,484 being the total monthly salaries from January 2016 to 21st June 2016. 4. An Order awarding general damages of N2,000,000 for the 1st and 2nd Claimants respectively for the hardship and embarrassment the Claimants have and are still going through in order to sustain a living. 5. Cost of action at the sum of N400,000 being professional fee charged by the Claimants lawyer. In the statement of facts, the Claimants’ averred that they were employees of the Defendant. While the 1st Claimant was employed as a Technician on 20th January 2011, the 2nd Claimant was employed as a Technical Support Officer on 31st May 2012. The Claimants resigned from the employment via letters dated 21st June 2016 and 30th March 2016 respectively. During the employment, the 1st Claimant’s monthly salaries was N45,000 while the 2nd Claimant was paid the sum of N40,000 as monthly salary. The salaries were paid into the Claimants bank accounts with Zenith bank. The Claimants’ salaries for some months in the years 2013, 2014, and 2015 were not paid and they proceeded to set out the particular months in these years whose salaries were not paid and the amount outstanding to be paid to them for the months. The total amount of salary not paid to the 1st Claimant is the sum of N670,667 while the 2nd Claimant has unpaid salaries in the sum of N498,812 The Claimants further averred that since the time they served their resignation letters on the defendant, the defendant has refused to pay them the arrears of salaries. Although parties exchanged correspondences on the Claimants’ unpaid salaries and meetings were fixed to resolve the issue which could not hold. Subsequently, the Claimants wrote a letter dated 13th February 2017 to the Defendant accepting to be paid the sums of N670,667 and N498,812 respectively. The Defendant failed to respond to this letter. The Claimants averred that they were charged the sum of N400,000 by their counsel for prosecuting this suit. It was averred on behalf of the 1st Claimant that his salaries from January 2016 to 21st June 2016 in the total sum of N263,484 was not paid to him. Both Claimants gave evidence in this suit. Their evidence is in line with the facts pleaded in their statement of facts. The Claimants also tendered some documents in evidence admitted and marked Exhibits C1, C2, C3, C4, C5, C6, C7, C8, C9, C10, C11, C12 and C13. These documents include the Claimants’ employment letters, resignation letters, statements of account and correspondences between the Claimants’ solicitor and the Defendant. The Defendant was served the originating processes on 2nd June 2017, but it did not file a memorandum of appearance to enter appearance in the suit and did not file a statement of defence. Although a counsel, Mr. Ugoh Agugam, appeared for the Defendant on 22/2/2018, 11/2/2019, 27/2/2019 and 19/3/2019. The Defendant filed only 2 processes in this suit. They are the Defendant’s final written address and a written address in response to the Claimant’s motion to amend the statement of facts. These are all the actions the Defendant took in this suit. It did not file defence and did not call any witness. It also is not cross examine the two witnesses called by the Claimants. The Defendant was given every opportunity and time to be heard in the suit, but it decided to spurn the good gestures extended to it by the court. As a result, the court had to foreclose the Defendant from defending the suit and proceeded with the matter. The counsel who appeared for the Defendant, Mr. Ugoh Agugam, even though filed a final written address, did not appear in court to adopt it. The argument of counsel in the Defendant’s final written address is that the statement of fact is defective because it was not signed by the Claimants’ counsel. It was submitted that this court has no jurisdiction to grant the claims of the Claimants because of this defect. This is the only point argued in the Defendant’s final address. The Defendant did not adduce evidence in this case. For this reason, its final written address ought to be discountenanced. In any event, the contention of counsel for the Defendant has been overtaken by the leave granted to the Claimants to regularise the statement of facts. By effect of the leave granted to the Claimants to regularise, and the amended statement of facts filed by the Claimants, the argument of the Defendant has become academic. The Claimants’ final written address was adopted on the 13th day of June 2019. CLAIMANTS’ FINAL WRITTEN ADDRESS The Claimants in their final written address submitted the following issues for determination to wit; 1. Whether the Claimants have proved their claims to be entitled to their outstanding arrears of salaries of the sum of N670,667 (Six Hundred and Seventy Thousand Six Hundred and Seventy Seven Naira) and N498,812 (Four Hundred and Ninety Eight Thousand, Eight Hundred and Twelve Naira) being the total of the arrears of monthly salaries owed to them. 2. Whether the 1st Claimant is entitled to the sum of N263,484 (Two Hundred and Sixty-Three Thousand, Four Hundred and Eighty-Four Naira) being the total monthly salaries from January 2016 to 21st June 2016. On Issue One, learned counsel for the Claimants placed reliance on the Claimants’ exhibits and depositions and submitted that the Claimants were under the employment of the Defendant via a contract of service and receiving monthly salaries which the Defendant failed to pay for some months in the years 2013, 2014 and 2015 all of which the Defendant has failed to deny. Counsel urged the court to hold that the Claimant retired from the employment of the Defendant on the 21st of June 2016 and 30th of March 2016 as evidenced by Exhibit C2 and C12. See ADEFEMI vs. ABEGUNDE (2004) AFWLR (Pt. 203). Counsel emphasized that the Defendant’s failure to contradict or deny the Claimants’ claims would be deemed to have been admitted. See CAPPA & DALBERTO LTD vs. AKINTILO TILO (2003) NWLR (Pt. 380) Pg. 647 at 654 & 659. Counsel urged the court to find that the Defendant is indebted to the Claimants to the tune of N670,667 (Six Hundred and Seventy Thousand Six Hundred and Seventy-Seven Naira) and N498,812 (Four Hundred and Ninety-Eight Thousand Eight Hundred and Twelve Naira). On Issue Two, learned counsel for the Claimants placed reliance on the witness statement on oath of the 1st Defendant which was never challenged nor denied by the Defendant. On this submission, counsel placed reliance on Section 43 (1) (a)(b) of the Trade Dispute Act Cap T8 LFN 2004 and the case of HULME vs. FERRANTI LTD (1918) 2KB 426. Counsel reiterated the arguments canvassed in Issue One and urged the court to grant all the claims and reliefs sought based on the evidence adduced by the Claimants and having made out cogent facts and strong evidence in support of the claims. Further arguments proffered by counsel will be referred to if necessary, in this judgment. COURT DECISION: The Claimants were employed by the Defendant on 20th January 2011 and on 31st May 2012 respectively. The Claimants resigned from the employment 21st June 2016 and 30th March 2016 respectively. During the employment, the 1st Claimant’s monthly salaries was N45,000 while the 2nd Claimant was paid the sum of N40,000 as monthly salary. The Claimant’s main claims in this suit are for payment of arrears of salaries not paid to them while in the Defendant’s employment. From the pleading of the Claimants and the evidence adduced by them, the sums of N670,667 and N498,812 are owed to the 1st and 2nd Claimants respectively. The 1st Claimant is also owed the sum of N263,484 as unpaid salaries from January 2016 to 21st June 2016. In proof of these claims, the Claimants tendered their employment letters and statements of accounts in evidence. These are Exhibits C1, C3, C11 and C13. The Defendant is aware of the Claimants’ claims, yet it chose not to defend the suit. The Defendant’s conduct clearly shows that it has no defence to the claims of the claimants. The facts pleaded by the Claimants and evidence adduced by them have not been controverted or challenged by the Defendant. The implication is that the Defendant admits the claims of the Claimants. The law is 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. See TEMILE vs. AWANI (2001) FWLR (Pt. 62) 1937 at 1953, 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. In view of the above position of the law, judgment ought to be entered in favour of the Claimants in respect of reliefs 1, 2 and 3. In relief 4, each of the Claimants sought to be paid the sum of N2,000,000 as general damages. The Claimants have not convinced me that they suffered the alleged hardship or embarrassment from non-payment of arrears of their salaries. In any case, general damage is not usually awarded in master and servant employment except where the servant complains of wrongful termination of employment. In such situation, the damages the servant will be entitled to, is the salary he ought to be paid in lieu of notice. In this case, the Claimants did not complain of wrongful termination. They were the one who resigned from the employment. The issue of payment of damages does not arise. This claim fails. In relief 5, the Claimant sought the sum of N400,000 being professional fee they paid to their counsel. I cannot grant this claim. The claim is refused. From the totality of the evidence adduced by the Claimants, I find merit in the Claimants’ reliefs 1, 2, and 3. These reliefs are granted. However, reliefs 4 and 5 are dismissed. It is hereby ordered as follows: 1. The Defendant is ordered to pay the 1st Claimant the sum of N670,667 and to the 2nd Claimant the sum of N498,812 being arrears of their salaries owed to them before their resignation. 2. The Defendant is ordered to pay the sum of N263,484 to the 1st Claimant being the total monthly salaries not paid to him from January 2016 to 21st June 2016. 3. Interest at 10% per annum is imposed on the above sums to run from the date of judgment until the sums are fully paid to the Claimants. I also award cost of N200,000 in favour of the Claimants. Judgment is entered accordingly. Hon. Justice O. Y. Anuwe Judge