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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"">Bolanle Odunlami 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"">Kehinde Ogunniyi 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" 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="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">1. Introduction & Claims<o:p></o:p></span></b></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 approached this Court via his <i>General Form of Compliant </i>on 21/4/15 as sought the following reliefs -<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"">1. An order compelling the Defendant to pay the Claimant the sum of =N=987,000.00 (Nine Hundred and Eighty Seven Thousand Naira Only) being the number of years spent after the confirmation of the Claimant employment multiplied by one month basic salary as stated in the Staff Handbook of 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. An order praying for special damages in the sum of =N=500,000.00 (Five Hundred Thousand Naira Only) against the Claimant for harassment by Policemen at his house at 6, Igbehin Street Pedro Shomolu Palmgrove, Lagos State.<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"">3. An order praying this Honourable Court to remit all the illegal deduction in the sum of =N=187,307.00 (One Hundred and Eighty Seven Thousand, Three Hundred and Seven Thousand Naira Only) from the Claimant salary since 2010-2014.<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 writ was accompanied by all the processes required to be frontloaded. The Defendant entered an appearance on 8/5/15 and filed its defence processes on the same day supporting same with requisite frontloaded processes. <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">2. Case of the Claimant</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"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The hearing of this case commenced on 27/10/15 when Claimant testified as <i>CW1, </i>adopted his written witness statement on oath dated 21/4/15 as his evidence in chief and tendered 11 documents as exhibits. The documents were admitted as exhibits and marked as <i>Exh. C1-Exh. C11 </i>respectively. The case of the Claimant, as per his pleadings, is that the Claimant was employed as an employee of the Defendant and which employment was confirmed; that due to the good conduct and dedication of the Claimant to his duty and productivity toward the Defendant as a company, his monthly emoluments and benefits was increased by the Defendant; that after a period of employment under the Defendant since the year 2007 the Claimant as an employee decided to resign his appointment with the Defendant by tendering Exhibit C6 to the Management of the Defendant which is in accordance with the provisions of <i>Exh. C11</i> that regulate employment between the Defendant and its employees, the Claimant inclusive; that the Defendant has maliciously refused to honour the contents of <i>Exh. C11</i> by the non-payment of the retirement benefits of the Claimant as he is entitled to. Under cross examination <i>CW1</i> testified that he was not given query by the Defendant; that he apologized to Defendant; that he did not collect the working suspension meant to be given to him; that he read the letter but did not collect it; that he was given a query in 2011 about kerosine matter; that on 27/12/14 Managing Director of Defendant did not come to my house; that he did not damage any car of the Defendant while with the Defendant and that he was not queried for damaging any property of the Defendant. <o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">3. Case of the Defendant</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"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The Defendant opened its case on 16/5/16 when one Akinlabi Olawumi testified as <i>DW1. </i>Witness adopted his witness deposition made on 13/5/16 as his evidence in chief and tendered 5 documents as exhibits. The documents were admitted and marked as <i>Exh. D1-Exh. D5. </i>The case of the Defendant in brief is that the Claimant did not resign properly as required of him and hence he is not entitled to any benefits. Under cross examination, witness testified that the Defendant never received <i>Exh</i>. <i>C6 </i>and<i> </i>that an employee of the Defendant may resign and be entitled to all his benefits provided he resigns properly.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">4. Submissions on Behalf of the Defendant</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"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">At the close of hearing, learned Counsel on either side filed their final written addresses in accordance with the Rules of this Court. The final written address of the Defendant was dated and filed 2/6/16. In it Counsel set down the following issues for the just determination of this case -<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"">1. Whether the Claimant has proved his entitlement to the sum of =N=987,000.00k as terminal benefits having been summarily dismissed by the Defendant from its employment. <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 Claimant is entitled to special damages for harassment by 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"">3. Whether the Claimant is entitled to the sum of =N=187,307.00 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"">On issue 1, learned Counsel submitted that the Claimant is not entitled to any terminal benefit since his appointment was terminated by the Defendant in accordance with its Staff Handbook; that the burden is on the Claimant to establish otherwise; that Claimant did not serve it with any letter of resignation and that <i>Exh. D2 </i>dismissing the Claimant predated both <i>Exh. C6 & Exh. C7; </i>that in line with the grievance redress procedures contained in <i>Exh. D1, </i>the Claimant was given an avenue to seek redress with Defendant's Management and that a Court of law has no business with guess work citing <i>Federal Mortgage Finance Ltd v. Ekpo (2005)All FWLR (Pt. 248) 1667.</i> Learned urged the Court to resolve this issue in favour of the Defendant. Counsel submitted in alternative that if at all the entitlement of the Claimant would be his monthly basic salary of =N=11,750.00 to be multiplied by 6 years being the number of years spent with the Defendant which will be =N=75,500.00. Counsel urged the Court to so hold in the alternative.<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"">On issue 2, Counsel submitted, citing <i>UBA Plc v. Ogundokun (2010)All FWLR (Pt. 504) 1521</i> that special damages must be specifically pleaded and strictly proved. Counsel pointed out that the Claimant admitted under cross examination that he was not harassed by the Policeman and that the Claimant has failed to prove his entitlement to special damages sought. Counsel urged the Court to so hold.<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"">On issue 3, learned Counsel submitted that the Claimant did not lead any evidence on this and that as such it goes to no issue citing <i>Osoh v. Unity Bank Plc (2013)All FWLR (Pt. 690) 1245. </i>Counsel urged the Court to resolve this issue in favor of the Defendant and to dismiss the claims as sought by the Claimant.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">5. Submissions on Behalf of the Claimant</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"><span style="font-size:12.5pt; line-height:115%;font-family:"Times New Roman","serif"">The final written of the Claimant was dated 28/6/16 and filed on 29/6/16. In it, learned Counsel set down the following 4 issues for determination - <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"">1. Whether the Claimant has proved his entitlement to the sum of =N=987,000.00k as terminal benefits having been summarily dismissed by the Defendant from its employment. <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 Claimant is entitled to special damages for harassment by 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"">3. Whether the Claimant is entitled to the sum of =N=187,307.00 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"">4. Whether or not the Claimant has proved his entitlement to the sum of =N=987,000.00 (Nine Hundred and Eighty Seven Thousand naira only) as retirement benefits having voluntarily resigned from the Defendant's employment by virtue of <i>Exh. C6 </i>and <i>C7 </i>and in accordance with the provisions of <i>Exh. C11.<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"">Learned Counsel argued issues 1 & 4 together. In doing so, Counsel submitted that the Claimant had resigned his appointment with the Defendant by <i>Exh. C6 & Exh. C7; </i>that it is in evidence that the Defendant instructed its security gatemen to refuse Claimant access to its premises so as to deliver <i>Exh. C6 </i>to the Management; that <i>Exh. D2 </i>dated 27/12/14 was as a result of <i>Exh. C6 </i>dated 10/11/14 and that in any event, <i>Exh. D2 </i>is irrelevant as same was not acknowledged by the Claimant. Learned Counsel urged the Court to believe the testimony of the Claimant. Counsel submitted further that it is trite that an employee can resign his employment with his employer at any time citing <i>Benson v. Onitiri (1960)1 NSCC 52 at 62 </i>and urged the Court to hold that by <i>Exh.C6</i> Claimant had resigned his employment with the Defendant. According to the learned Counsel, the monthly basic salary of the Claimant in the sum of =N=11,750.00 when multiplied by 7 years he worked with the Defendant comes to =N=987,000.00. Counsel urged the Court to so hold.<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"">Respecting issue 2, learned Counsel submitted that the Claimant is entitled to both general and special damages due to harassment he suffered in the hands of the Police officer who accompanied a staff of the Defendant to deliver a letter to him. Counsel submitted that it would be fair and just for the Court to award special damages against the Defendant and in favour of 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"">Respecting the issue 3, learned Counsel submitted that there being no oral or material evidence in support of the claim at trial, same should be deemed abandoned.<o:p></o:p></span></p> <p class="MsoNormalCxSpMiddle" style="text-align:justify;line-height:normal"><b><span style="font-size:12.5pt;font-family: "Times New Roman","serif"">6. Decision<o:p></o:p></span></b></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 read and understood all the processes filed by learned Counsel on either side of this case. I listened to the testimonies of the witnesses called at trial, watched their demeanour as well as listened to the oral submissions of Counsel. In addition to all this, I carefully evaluated all the exhibits tendered and admitted during trial. Having done all this, I have come to narrow the issue for the just determination of this case down to one thus -<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""> Whether the Claimant is entitled to the reliefs sought or any of them.<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"">Let me reiterate the fact that the Claimant sought 3 main reliefs in this case. Learned Counsel to the Claimant has however conceded that not having led any evidence either oral or documentary at trial in support of his relief 3, same should be deemed abandoned. This, I must say is in tandem with the position of the law that pleadings to which no evidence is led goes to no issue and hence deemed abandoned. See <i>Tallen & Ors. v. Jang (2011) LPELR-9231 (CA).</i><b> </b>It means therefore that only 2 claims of the Claimants are left for consideration. <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 first relief sought by the Claimant is for an order compelling the Defendant to pay the Claimant the sum of =N=987,000.00 (Nine Hundred and Eighty Seven Thousand Naira Only) being the number of years spent after the confirmation of the Claimant employment multiplied by one month basic salary as stated in the Staff Handbook of the Defendant. I find conflicting but certainly not irreconcilable evidence on either side. I have evidence of the Claimant as CW1 on oath that pursuant to the instruction of the Managing Director of the Defendant to handover all of Defendant's property in his care, he submitted his Identity Card, Phone and Uniform to Defendant's officials on 7/11/14 and that on 10/11/14 he sought to tender his letter of resignation but was refused entrance to Defendant's premises. See paragraphs 13-16 of Claimant's witness statement on oath. I have no evidence before me seriously contending these averments. Not having been challenged therefore, law remains trite that this Court is entitled to hold same as correct and hence bound to act on them. See<b> </b><i>Zeneca Ltd. v. Jagal Pharma Ltd. (2007) ALL FWLR (Pt. 387) 938 at 950.</i><b> </b>The available facts are such as to be sufficient for the Court to hold that the Defendant having collected all its property in the custody of the Claimant it has effectively and indirectly terminated the employment of the Claimant. The rational for this is simple. The Defendant having collected Claimant's identity card from him as well as its Uniform and Phone, it has effectively made it impossible for the Claimant to gain access to it for the purpose of rendering his services. In any event, the Defendant did not in any way or manner deny that it retrieved its property in the Claimant's custody including Identity card as well as Uniform and Phone. I therefore hold that the Defendant by its acts has as far back 7/11/14 constructively terminated the employment of the Claimant without giving a month notice. I further hold that as at that date the Claimant was entitled to all disengagement benefits due to him.</span><i><span style="font-size:12.5pt;line-height:115%"><o:p></o:p></span></i></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 evidence before me to the effect that the Claimant served the Defendant for 7 years having been employed in 2007 and disengaged in 2014. By <i>Exh. D1, </i>the Claimant is entitled to number of years spent multiplied by one month basic salary. His employment was confirmed on 6/11/08 by <i>Exh. C3. </i>The annual basic salary of the Claimant by <i>Exh. C5 </i>was =N=141,000.00. This comes to =N=11,750.00 as monthly basic salary. Between the date of confirmation of his employment in 2008 and date of his disengagement, the Claimant had spent 6 years. Thus, Claimant's disengagement benefit comes to =N=11,750.00 multiplied by the number of years after confirmation which is 6 years. This put the entitlement of the Claimant to be =N=70,500.00. I therefore direct the Defendant to pay to the Claimant the sum of =N=70,500.00 being the entitlement due to the Claimant for the 6 years he served the Defendant after confirmation as provided for in <i>Exh.D1.</i><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 relief sought by the Claimant is for an order praying for special damages in the sum of =N=500,000.00 (Five Hundred Thousand Naira Only) against the Claimant for harassment by Policemen at his house at 6, Igbehin Street Pedro Shomolu, Palmgrove, Lagos State. The law remains trite that special damages must be specifically pleaded and specially proved. <i>See Sonuga & Anor. The Minister, Federal Capital Territory, Abuja & Anor. (2010) LPELR-19789 (CA)</i><b>. </b>Throughout the hearing of this case, the Claimant did not lead any evidence respecting this claim. The law is settled that a party to be successful must lead credible and cogent evidence in support of his claim to be entitled to same. In the absence of credible and cogent evidence therefore, the second relief is refused and 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"">The third relief sought is for an order praying this Honourable Court to remit all the illegal deduction in the sum of =N=187,307.00 (One Hundred and Eighty Seven Thousand, Three Hundred and Seven Thousand Naira Only) from the Claimant salary since 2010-2014. I found no evidence either oral or documentary led in support of this relief. Indeed, learned Counsel to the Claimant reiterated the same point in his final written address when he confirmed abandoning the relief. Thus not have led evidence in support of same, this relief is deemed abandoned. It is therefore refused and dismissed 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"">Finally, for the avoidance of doubt and for all the reasons as stated in this Judgment,<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"">1. I direct the Defendant to pay to the Claimant the sum of =N=70,500.00 being the entitlement due to the Claimant for the 6 years he served the Defendant after confirmation as provided for in <i>Exh.D1.</i><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. The prayer for an order praying for special damages in the sum of =N=500,000.00 (Five Hundred Thousand Naira Only) against the Defendant for harassment by Policemen at his house at 6, Igbehin Street Pedro Shomolu Palmgrove, Lagos State is refused and dismissed for lack of proof by credible and cogent evidence.<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"">3. The third relief sought is for an order praying this Honourable Court to remit all the illegal deduction in the sum of =N=187,307.00 (One Hundred and Eighty Seven Thousand, Three Hundred and Seven Thousand Naira Only) from the Claimant salary since 2010-2014 is refused and dismissed having been abandoned by 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"">4. Defendant is to pay the sum of =N=50,000.00 as cost of this proceedings 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"">All the terms of this Judgment shall be complied with within 30 days from today.<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> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p> <p class="MsoNormal"><span style="font-size:12.5pt;line-height:115%;font-family: "Times New Roman","serif""> </span></p>