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<p class="MsoNoSpacing"><b><u><span style="font-family:"Comic Sans MS"">Representation:<o:p></o:p></span></u></b></p> <p class="MsoNoSpacing"><span style="font-size:10.0pt;font-family:"Comic Sans MS"">Agbai O. Peter for the Claimant<o:p></o:p></span></p> <p class="MsoNoSpacing"><span style="font-size:10.0pt;font-family:"Comic Sans MS"">H. C. Ojukwu (Mrs.) for the Defendant</span><span style="font-size:12.0pt; font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing"><span style="font-size:8.0pt;font-family:"Comic Sans MS""> </span></p> <p class="MsoNoSpacing" style="margin-left:2.5in;text-indent:.5in"><b><u><span style="font-size:12.0pt; font-family:"Comic Sans MS"">JUDGMENT<o:p></o:p></span></u></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS"">This action was commenced by way of complaint dated and filed on the 17<sup>th</sup> day of February 2014 wherein the Claimant claimed against the Defendants as follows:<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l2 level1 lfo3"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS"">1.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"">An order of </span><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">court directing the Defendant to pay the sum of <s>N</s>1,294,189.00 (One Million, Two Hundred and Ninety Four Thousand, One Hundred and Eighty Nine Naira) to the Claimant being expenses incurred in the course of the Claimant’s treatment at ENUGU MEMPHYS, PURCHASE OF WATER MATRESS FROM LOTOY INTERNATIONAL, WHEEL CHAIR, FEDERAL MEDICAL CENTRE UMUAHIA, DE-DEJAY CAR HIRE SERVICES.</span><span style="font-size:12.0pt;font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l2 level1 lfo3"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS"">2.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">An order of court directing the Defendant to pay the sum of <s>N</s> 20,000,000.00 (Twenty Million Naira) on the footing of compensatory damages for the amputation of Claimant’s right leg and spinal cord injury, thereby perpetually confining the Claimant to a wheel chair and making an invalid and absolute dependent of the Claimant.</span><span style="font-size:12.0pt;font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l2 level1 lfo3"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS"">3.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">An order of court compelling the Defendant to continue to pay the Claimant all her entitlements and salary until her retirement.</span><span style="font-size: 12.0pt;font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The Complaint was filed along with an affidavit in verification of the complaint, statement of facts, Claimant’s written deposition on oath, list of witnesses, list of documents and copies of documents to be relied upon at the trial. The Defendant, vide a motion for extension of time, entered appearance and filed a statement of defence along with other defence processes on the 2<sup>nd</sup> day of October 2014. The Claimant subsequently filed a reply to the statement of defence along with a further written deposition, list of documents and additional documents on the 18<sup>th</sup> day of February 2015. The processes were duly regularized and hearing commenced on the 21<sup>st</sup> day of April 2015. The Claimant testified for herself as CW1. After series of adjournments to enable the defence cross examine the Claimant and failure of counsel for the Defendants to attend court inspite of hearing notices having been issued, the court on the 11<sup>th</sup> day of February 2016, foreclosed the defence from cross examining the Claimant and the case was adjourned for defence. After yet a series of adjournments, the court on the 28<sup>th</sup> day of April 2016, again foreclosed the Defendant from defending the action having failed to appear in court to open its defence. The case was then adjourned to 6<sup>th</sup> July for adoption of final addresses, which date fell on a public holiday to mark the eid-el-fitri celebration, hence the court did not sit and the case was adjourned to 4<sup>th</sup> October 2016. The Claimant’s final written address was filed on the 27<sup>th</sup> day of June 2016. On the 4<sup>th</sup> day of October 2016, counsel for the defendant appeared in court and informed the court that he had filed a motion on notice that morning (4<sup>th</sup> October 2016), seeking the order of court to set aside the foreclosure orders earlier made. The matter was then adjourned to 2<sup>nd</sup> November 2016 for hearing of the motion filed by the defence, subject to the readiness of the defendant to proceed to cross-examine the Claimant (who is confined to a wheel chair). I then ordered that she be present in court on the 2<sup>nd</sup> of November 2016 so that she may be cross-examined after hearing of the motion for setting aside the foreclosure orders earlier made. On the 2<sup>nd</sup> day of November 2016, the Claimant was present in court, and I asked counsel for the defence Nonso Eme esq. if he was ready to cross-examine the Claimant, to which he answered that he was merely holding brief, and did not have instructions to cross-examine the Claimant. The motion filed on 4<sup>th</sup> October 2016 was then struck out and the matter was again adjourned to 13<sup>th</sup> December 2016 for adoption of final addresses. On the 13<sup>th</sup> day of December, a certain Mrs. H. C. Ojukwu announced appearance for the defendant and informed the court that they were in the process of filing a motion. The motion was yet to be filed, and according to counsel, its purpose was not to bring in the defendant’s final written address. Since there was nothing before the court, counsel’s application for adjournment was overruled and counsel for the Claimant was granted leave to proceed to adopt his final written address, which he did on the same day 13/12/2016. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The facts of the Claimant’s case is that as an employee of the Defendant as a chief valuation Ass/Rating inspector, she was on the 23/3/2012 sent to Umuahia on official assignment to represent the Defendant. The Defendant, instead of taking the Claimant on this assignment with her official designated council vehicle, directed the Claimant to use public transport and thereupon gave her the sum of <s>N</s>2,000. The Claimant on her way to Umuahia in execution of this official assignment, had a very fatal accident and lost consciousness and was rushed to national orthopedic hospital, Enugu. </span><span style="font-size:12.0pt;font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The Defendant being fully aware of the pitiable condition of the Claimant wrote to the hospital, assuming liability to pay the Claimant’s medical bills albeit belatedly, and proceeded to abandon the Claimant to her fate, refusing despite all entreaties to pay any of her medical bills hence the injury led to amputation of the Claimant's right leg, and spinal cord injury thereby confining the Claimant perpetually to a wheel chair with no assurance and/or hope of ever walking again. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">In the Claimant’s final address filed on the 27<sup>th</sup> day of June 2016, the issue raised by counsel for determination was whether or not in all the circumstances of this case, the Claimant is entitled to any of her claims in this suit. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">According to counsel, the Following facts are not in dispute: <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">1.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">The Claimant is an employee of the Defendant and as at the time of the incident that led to this suit, was the chief valuation Ass/Rating inspector on Grade level 8 and the women development officer of the Defendant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">2.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">The Claimant by a letter dated 17/1/2008 was sent to Local Government Service Commission to discuss their appointment as women development officer of the Defendant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">3.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">That the Defendant instead of conveying the claimant in their official vehicle gave her <s>N</s>2,000.00 and mandated her to use public transport to Umuahia. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">4.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">That the Claimant had a ghastly motor accident on her way to Umuahia in compliance with the official assignment given to her by the Defendant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">5.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">The Claimant spent 6 months at the National Orthopedic Hospital, from where she was referred to Memphis Specialist Hospital. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">6.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">The Defendant by letters, accepted liability of the medical bills of the Claimant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">7.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">The Defendant never visited the Claimant all through at both hospitals, neither have they paid any amount to offset her medical bill till date. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">In arguing this issue, counsel submitted that it is the law that, a party seeking any relief related to employee relationship must first establish her employment status to clothe such Claimant with the requisite locus in order to enjoy all the privileges the law accords an employee. In proof of her case, the Claimant testified albeit in pain personally, and by virtue of <b>paragraphs </b>2, 3, & 5 of her pleading, established that she is an employee of the Defendant. Some of the documents the Claimant tendered in proof of her claim include Letter of offer, acceptance letter, Confirmation letter, Promotion letter, Letter to the National Orthopedic Hospital and Memphys Hospital Neurosurgeon Enugu. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">These exhibits confirm the Claimant status not just as an employee, but one whose employment has statutory flavor and guided by the Abia State Civil Service Rules.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">Counsel pointed out that the Defendant admitted the employment status of the Claimant in Paragraphs 1 and 2 of the statement of defence. He therefore submitted that it is the law that facts admitted needs no further proof. He submitted further that despite several hearing notices served on the Defendant and on the basis of her letters of adjournment, the Defendant failed, neglected and refused to cross-examine the Claimant on this piece of evidence. It is therefore the law that what is admitted needs no further proof, the court is duty bound to take admitted facts as the truth and act upon same. See the case of <b>UNILORIN vs ADESINA (2010) 9 NWLR (Pt. 1199) 331 at 350 ratio 21. <o:p></o:p></b></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">It is counsel’s further submission that where documentary evidence supports oral evidence, oral evidence becomes more credible. The reasoning being that documentary evidence serves as a hangar from which to assess oral testimony. See the case of <b>OMOREGBE vs. LAWANI (1998). </b>Counsel drew the court’s<b> </b>attention of to the evidence of Claimant in paragraphs <b>2, 3, 4 & 5 </b>of her written deposition and Exhibits <b>A, B, & C </b>which<b> </b>clearly shows that the Claimant is an employee of the Defendant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">Counsel contended that having established the employment status of the Claimant as an employee of the Defendant, in as much as the Claimant owes the Defendant the obligation of carrying out assignments or duties assigned to her by the Defendant, the Defendant owes the Claimant the duty to provide safe and conducive environment and facility that will ensure the safety of the Claimant. It is the evidence of the Claimant albeit uncontradicted in paragraphs <b>6, 7, 8, and 9 </b>that the Claimant was assigned as the women development officer and was detailed by the Defendant to go to Umuahia and find out what Exhibit "D" was all about. It is also uncontradicted evidence of the Claimant that Defendant had official vehicle used for assignment of this nature, but chose to compel the Claimant to use public transport to go to Umuahia for an official assignment. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The above piece of evidence was neither countered by way of cross-examination nor was it traversed by way of defence. Counsel therefore submitted that pleadings no matter how well traversed does not amount to evidence. Hence, the Defendant having abandoned pleadings, impliedly have admitted the veracity of the Claimants position. He referred the court<i> </i>to the case of <b>OMOLE vs. COLODENSE (NIG) PLC (2011) 10 W.R.N (Pt. 102) line 20-25</b> where the court held that. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><i><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">"It is an old and quite elementary that any allegation of facts unless traversed is deemed admitted. See also AMADI vs. NWOSU </span></i><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-font-width:108%;mso-bidi-language:HE">(1992) 5 </span><i><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">NWLR (Pt. 241) 273, DAGGASH vs. BULAMA (2004) All FWLR (Pt. 212) </span></i><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">1666 <i>and IKUOMOLA vs. ONIWAYA (1990) </i>7 <i>SCNJ 147.” <o:p></o:p></i></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The above position was elaborately analysed in the case of UNITY LIFE & FIRE IND. LTD vs. INTL BANK OF W. AFRICA. (2015) 9 KLR (Pt.370) <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><i><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">"the law is settled that once pleadings have been settled and issues joined, the duty of the court to proceed to trial on those issues as settled in the pleadings of the parties where, however, one party fails or refuses to submit the issues he has raised in his pleadings for trial and does not give or call evidence in support thereof, the trial court, unless there are other legal reasons to the contrary, may resolve such issue against such defaulting party." </span></i><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE"><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The court further opined rightly as the law that pleadings cannot constitute and does not tantamount to evidence, and a Defendant who does not give evidence in support of his pleading or in challenge of the evidence of the plaintiff is deemed to have accepted the facts in dispute as adduced in evidence by the plaintiff notwithstanding the general traverse in his pleadings. UNITY LIFE & FIRE IND. LTD.VS. INTL BANK OF WEST AFRICA (SUPRA) <i>(PP:2344/2845B). </i>Counsel invited the court to note as further held in the case above cited that <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><i><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">"in the same vein, where evidence given by a party to any proceeding was not challenged by the opposite party who had the opportunity to do so, it is always open to the court seised of the matter to act on such unchallenged evidence before it.” <o:p></o:p></span></i></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">Counsel submitted that failure of the Defendant to allow the Claimant travel with the official vehicle and the consequent mandate on her to use public vehicle exposed the Claimant to an accident which ordinarily would have been avoided. He reiterated that it is an uncontroverted evidence that the Claimant was on official assignment when she had a ghastly motor accident which resulted in the amputation of her right leg and spinal cord injury. Section 7(4) Employees Compensation Act. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">It is Counsel’s position that the uncontroverted piece of evidence in paragraphs 6, 7, 8, and 9 clearly shows that the Claimant was in the course of her official assignment when she had an accident and he urged the court to so hold. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><b><span style="font-size:12.0pt;font-family:"Comic Sans MS"">Another issue argued by counsel is whether the Claimant is entitled to compensation for the amputation of her right leg and the spinal cord injury which have perpetually confined her to a wheel chair and making an invalid and absolute dependent of her.</span></b><span style="font-size:12.0pt;font-family:"Comic Sans MS""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS"">On this point, it is the submission of counsel that it is the law that in a claim for personal injury, the Claimant must prove that the Defendant owes him a duty, and the duty was breached. Section 7(1) Employees’ Compensation Act 2010 provides this:<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><b><i><span style="font-size:12.0pt;font-family:"Comic Sans MS"">“Any employees whether or not in a work place who suffer any disability injury arising out of or in the course of employment shall be entitled to payment of compensation in accordance with part iv of this Act.</span></i></b><i><span style="font-size:12.0pt;font-family:"Comic Sans MS""> <o:p></o:p></span></i></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><span style="font-size:12.0pt;font-family:"Comic Sans MS"">7(2) An employee is entitled to payment of compensation with respect to any accident sustained way on the way to the place of work.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS"">It is counsel’s further submission that apart from the above provision, it is the law that where the injury or disease is caused by accident and the accident arose out of the employment unless the contrary is shown, it shall be presumed that the injury occurred in the course of the employment and the Claimant suffered injury as a result. The Claimant in paragraphs 6, 7, 8, 9, 10, 11, 12, 13 and paragraphs 14 of her unchallenged evidence, the Defendant owed a duty to provide and or allow the Claimant carry out her assignment with the Defendant’s official car. The Defendant mandated her to use public transport, thereby subjecting the Claimant to the recklessness of the public driver and as a result, the Claimant had an accident. It is not in dispute that the Claimant suffered a very painful and heart break of having her right leg amputated and spinal cord injury.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS"">The defendant not only failed in her duty of care; the Defendant abandoned the Claimant to her fate. The lame letter they wrote under compulsion to the hospital admitting liability was never intended to be honored and was indeed not honored. The duty of care owed the Claimant extended to health and immediate medical attention. Counsel submitted that by the uncontroverted evidence of the Claimant in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 obviously shows that the Defendant not only abdicated her duty of providing safe working environment by allowing the employed driver of the official car to carry her to Umuahia, rather compelled the Claimant with the sum of <s>N</s>2,000.00, to use public transport and upon the occurrence of the accident, the Defendant also failed in her duty of care to provide immediate medical attention to the Claimant, failed to cater for her medical bills which aggravated her medical condition hence in order to save her life, the Claimants right leg was amputated and spinal cord injury. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">It is worthy to note that till date Defendant could not as much as pay the Claimant a simple visit,<i> </i>and all effort by the Claimant to make the Defendant offset her medical bills yielded no fruit. It is counsel’s submission that failure and refusal of the Defendant to provide the Claimant with immediate medical assistance and the negligent attitude (i.e. abandonment of the claimant), of not honoring Exhibits "0" "E" "F" <i>"G" </i>particular Exhibit "D" & "E" which is the letter written to the National Orthopedic Hospital Enugu and Memphys specialist hospital, is not only inhumane, wicked, malicious, total lack of good faith and absolute failure of the duty of care owed the Claimant. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">According to the Claimant, arising from the above, the Defendant must be held personally liable to adequately compensate the Claimant for the injury and complete paralysis resulting from the accident of 23/3/2012 and subsequent abandonment of the Claimant by the defendant of not providing immediate medical assistance. See Exhibit D, E, F, G, H, I, J which are not challenged. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><u><span style="font-size: 4.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></u></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The last issue canvassed by counsel to the Claimant is whether the Claimant is entitled to the refund of the sum of <s>N</s>1,294,189.00 being medical expenses incurred in the course of her treatment. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">It is his contention that this leg of Claimant's claim is in the category of special damages. It is the law that special damages must be specifically pleaded and strictly proved. The court has enunciated this in the case of <b>BRITISH AIRWAYS vs. ATOYEBI (2015) 11 KLR (Pt. 374) Pg. 3445</b> where the Supreme Court held inter alia: <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><i><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-font-width:76%; mso-bidi-language:HE">“</span></i><i><span style="font-size:12.0pt;font-family: "Comic Sans MS";mso-bidi-language:HE">on the hand, special damages is such loss as the law will not presume to be the consequences of the defendant’s act but which depends in part, on the special circumstances of the case special damages must be specifically pleaded and strictly proved.” <o:p></o:p></span></i></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">In proof of the claim of <s>N</s>1,294,189.00 (One Million, Two Hundred And Ninety Four Thousand , One Hundred and Eighty Nine Naira), the Claimant in her evidence, particularly paragraphs 24 tendered receipts of NATIONAL ORTHOPAEDIC HOSPITAL ENUGU, DE-JEY HIRE SERVICE, FEDERAL MEDICAL CENTRE, ONYEMS CLASSIC PHARMACY, IHUNNAYA SPECIALIST HOSPITAL, LOTOJ INTERNATIONAL AND MEMPHYS FOR NEUROSURGERY receipts which were admitted and marked as Exhibits K, L, P, N, O, M, Q & R. The total sum of the entire receipts whose originals were pleaded as being in the Defendant’s custody, and the Defendant’s refusal to produce them despite</span><span style="font-family:"Comic Sans MS"; mso-bidi-language:HE"> being given </span><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">notice to produce in paragraphs 20 of the Claimant’s evidence is <s>N</s>1,294,189.00. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">This piece of evidence was not cross-examined upon neither did the Defendant lead any evidence at all to counter same. It has long been settled that evidence given by a party to any proceeding which is not challenged by the opposite party who had the opportunity to do so is deemed admitted and court may act upon same. See the case of <b>UNITY LIFE & FIRE IND. LTD vs. INTL BANK OF WEST AFRICA (SUPRA)</b>. Counsel urged the court to hold that the Claimant is entitled to recover all the expenses incurred in her treatment. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">It is the further argument of counsel that it is trite principle of law that the amount of damages awarded by a trial court is based on evidence before the court. Where there is no evidence to support the claim for damages, the claim would be dismissed. For this proposition referred the court to the case of <b>C. B. N. vs. OKOJIE (2015) 6 KLR (Pt.367) P.2177 ratio 10</b> where the supreme in the opined in ratio 7&8 inter-alia. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><i><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">"The age of technicality has been put behind. A party cannot be denied his entitlement merely because his pleadings were not couched in technical terms. It is now settled principle of law that to be entitled, a claim for exemplary damages need not be pleaded expressly. Once facts in the pleading support the award of exemplary damages, the court should award it since the adverse party is in no way taken by surprise." <o:p></o:p></span></i></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The court further held that exemplary damages are awarded with the object of punishing the Defendant for his conduct of inflicting injury on the plaintiff. They can be made in addition to normal compensatory damages and should be made only in<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l1 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">a.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">In a case of oppressive, arbitrary or unconstitutional acts by government servants. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l1 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">b.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">Where the defendants conduct had been calculated by him to make a profit for himself which might well exceed the compensation payable to the plaintiff. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l1 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Comic Sans MS";mso-fareast-font-family:"Comic Sans MS"; mso-bidi-font-family:"Comic Sans MS";mso-bidi-language:HE">c.<span style="font-variant-numeric: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE">Where expressly authorized by statute see <b>C.B.N. vs. OKOJIE (supra)</b> <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:3.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">The Claimant is claiming compensation damages of <s>N</s>20,000,000.00 (Twenty Million Naira). The primary object of an award of damages is to compensate the plaintiff for the harm done to him or a possible secondary object is to punish the Defendant for his conduct of inflicting that harm. The rationale behind the compensatory theory for award of damages is found in the MAXIM RESITITUTION IN INTEGRUM. In other words, to restore the injured party to the position he or she was in prior to the injury. See <b>BRITISH AIRWAYS. vs. AYOTEBI (supra)</b></span><span style="font-family:"Comic Sans MS"; mso-bidi-language:HE">. </span><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE"><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">Counsel urged the court to, in consideration of the highlighted principle and in view of the unchallenged evidence of the Claimant, particularly the pictorial evidence and medical report of national orthopedic hospital and federal medical centre, Umuahia duly admitted as exhibits in this matter, to find in favour of the Claimant and award her the sum of <b><s>N</s>20,000,000.00 (Twenty Million Naira) </b>as compensatory damages for amputation of her right leg and spinal cord injury.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="margin-left:2.0in;text-align:justify;text-indent: .5in"><b><u><span style="font-size:12.0pt; font-family:"Comic Sans MS";mso-bidi-language:HE">COURT’s DECISION<o:p></o:p></span></u></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">In determining this case, I will consider the issue whether the Claimant has proved her claims as to entitle her to the reliefs she sought in this case. The facts and evidence which the Claimant presented before this court in her case are that the Defendant, a Local Government Council created in the 1999 Constitution for Abia State, appointed the Claimant as Assistant Clerk in a letter dated 1/6/1992. The Claimant accepted the employment in a letter of acceptance dated 10/7/1992 and in a letter dated 6/9/1994, the Claimant’s appointment was confirmed effective from 1/6/1994. On 30/8/1997, she was promoted to Chief Valuation Assistant/Rating Inspector (Grade Level 8, Step 1). On 23/3/2012, the Head of Service of the Defendant invited the Claimant into the Vice Chairman’s office and gave the Claimant a letter from the Ministry of Local Government and Chieftaincy Affairs. The Claimant was directed to go to the Ministry in Umuahia on 26/6/2012 to find out what the letter is all about. Instead of conveying the Claimant in a vehicle of the Defendant, the Defendant rather gave the Claimant <s>N</s>2000 as transport fare to Umuahia. On her way to Umuahia on 26/6/2012 to carry out the official assignment, the Claimant had a fatal accident at about 9 am and lost consciousness. She came out of coma 4 months later at the National Orthopaedic Hospital, Enugu. After much pressure from friends and colleagues, the Defendant wrote a letter to the hospital to take responsibility for the Claimant’s medical bills. The Claimant was later referred to MEMFYS Hospital for Neurosurgery Enugu and the Defendant also wrote a letter to that hospital assuring the hospital that the Defendant will settle the medical bills of the Claimant’s treatment. Notwithstanding these letters and repeated demands, the Defendant abandoned the Claimant and refused to pay the medical bills. As a consequence of the accident, the Claimant’s right leg was amputated and her spinal cord was affected. This condition led to the Claimant now being confined to a wheel chair without any hope of walking again. The Claimant had borrowed money to pay hospital bills and other medical requirements including buying a wheel chair, drugs and checkup. She later changed hospital to Federal Medical Centre Umuahia because of the huge expense of hiring cars to take her to Enugu for checkup. The Claimant wrote letters to the Defendant and the Local Government Service Commission for refund of the medical bills but the request was not attended to. The Claimant is now an invalid and a dependant with no hope of working or walking again whereas the Defendant has refused to perform its duty to the Claimant who was injured while on official duty. The Claimant went on to tabulate and particularize the amounts of medical expenses, hospital in which incurred, receipt number and dates of expenses. The total sum computed by the Claimant is the sum of <s>N</s>1,294,189.00.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">In a further deposition adopted on 21/4/2015, the Claimant stated in addition that she didn’t travel on her own on 26/6/2012. It was an official trip by the Defendant. It was the Claimant’s daughter who officially informed the Defendant about the Claimant’s accident. Because of the Defendant’s promise to foot the bills, the National Orthopaedic Hospital and Memphis specialist hospital treated the Claimant but when the Defendant abandoned the Claimant, the Claimant had to settle the bills by herself. That was why the medicals bills were addressed in her name and released to her. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">The Defendant, although filed statement of defence, did not call any evidence in this matter. As a result of the Defendant’s persistent show of lack of interest in matter, the Defendant was foreclosed by order of this court made on 2/11/2016. The effect is that the Defendant has presented no defence to the Claimant’s case. There is therefore nothing against which to weigh the evidence adduced by the Claimant. In <b>THE ADMINISTRATORS/EXECUTORS OF THE ESTATE OF GENERAL SANI ABACHA vs. EKE-SPIFF (2009) All FWLR (Pt. 467) 1 at 35</b>/<b>36</b>, it was stated thus- <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><b><i><span style="font-size: 12pt; font-family: "Comic Sans MS";">“Where a defendant offers no evidence in support of his pleading, 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 or on behalf of the plaintiff. The onus of proof in such a case is naturally discharged on minimal proof”<o:p></o:p></span></i></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">See also<b> NEPA vs. ADEBGERO (2003) FWLR (Pt. 139) 1556; I.N.E.C vs. A.C (2009) All FWLR (Pt. 480) 732 at 803.</b><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">Therefore, the only material upon which this court will decide this matter is the facts and evidence presented by the Claimant. I will now determine the claims of the Claimant on the evidence supplied by her. The Claimant has established the fact that on 26/6/2012 when she had an accident, she was an employee of the Defendant and she was on an official assignment for the Defendant on that day. The Claimant tendered her employment letter, acceptance letter and confirmation letter in evidence. These documents are Exhibits A, B and C. These Exhibits disclose the fact that the Claimant was employed by the Defendant. It is the Claimant’s case that the Defendant instructed her to travel to Umuahia on an official assignment on 26/6/2012 and it was on her way to Umuahia she had the accident and was admitted in hospital. As a consequence of the accident, the Claimant’s right leg was amputated and her spinal cord was affected. This condition led to the Claimant now being confined to a wheel chair without any hope of walking again. Although the Defendant was informed of the Claimant’s accident by her daughter, it took efforts to get the Defendant to show concern. The Defendant however failed to honour its written undertaking to the hospitals to take responsibility for the Claimant’s medical bills. Notwithstanding the Defendant’s undertakings and repeated demands, the Defendant abandoned the Claimant and refused to pay the medical bills. The Claimant had to borrowed money to pay hospital bills, buy a wheel chair, and pay for drugs and checkup. Even though the Claimant wrote letters to the Defendant and the Local Government Service Commission for refund of the medical bills, her request remained unmet. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">The Claimant particularized the medical expenses which total was put at the sum <s>N</s>1,294,189.00. The various receipts for the expenses were admitted in evidence. They are Exhibits K, L, M, N, O, P and Q. The Claimant explained in her evidence that she paid these expenses that was why the receipts were issued in her name. The Defendant did not dispute or challenge these receipts when they were tendered in evidence. The Defendant did not also challenge the expenses upon which the receipts were issued. From the facts, the Claimant had the accident in the course of her employment and the Defendant did nothing to assist the Claimant in her medical treatment. In my view, the Defendant, who sent her on official duty where she sustained the injury should be responsible for medical treatment. Also, Section 7 (1) of the Employee Compensation Act 2010 provides that any employee, whether or not in a workplace who suffers any disabling injury arising out of or in the course of employment shall be entitled to payment of compensation. Since the evidence adduced by the Claimant has not been challenged or controverted, I hold that the Claimant has made put a case for the refund of medical expenses and compensation she sought against the Defendant. In <b>IYERE vs. BENDEL FEEDS AND FLOUR MILL LTD (2009) All FWLR (Pt. 453) 1217 at 1247</b> it was held that-<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify"><b><i><span style="font-size: 12pt; font-family: "Comic Sans MS";">“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”. <o:p></o:p></span></i></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">The Claimant’s evidence discloses that she is still in the Defendant’s employment. It was on that basis she sought an order compelling the Defendant to continue to pay her entitlements and salaries until her retirement</span><span style="font-size: 12pt; font-family: "Comic Sans MS";">. The Claimant stated in her pleading and evidence that she has become an invalid and a dependant as a result of the disability occasioned by the accident, having now been confined to a wheel chair. She also expressed her hopelessness of ever walking or working ever again. I have observed the Claimant’s condition during the proceedings and by my assessment; the Claimant sustained a permanent disability. She is not likely to walk or be able to carry out her usual activities again. Her present predicament was foisted on her while attending to the Defendant’s instructions. In my view, the sum of <b><s>N</s>10,000,000.00 (Ten Million Naira)</b> is adequate compensation for her injury and disability. I am also of the position that the Claimant cannot be discarded by the Defendant in her present state. The Claimant ought to be kept in the employment to earn a living with which to feed and take care of her medical requirements. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Comic Sans MS";">In concluding this judgment, I make the following orders:<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">1.</span><span style="font-size: 12pt; font-family: "Comic Sans MS";"> The Defendant is ordered to refund to the Claimant the sum of <b><s>N</s>1,294,189.00 </b></span><b><span style="font-size:12.0pt;font-family:"Comic Sans MS";mso-bidi-language:HE">(One Million, Two Hundred and Ninety Four Thousand, One Hundred and Eighty Nine Naira)</span></b><span style="font-size: 12pt; font-family: "Comic Sans MS";"> incurred by the Claimant as medical bills during her treatment in various hospitals. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">2. The Defendant is </span><span style="font-size: 12pt; font-family: "Comic Sans MS";">ordered to pay the sum of <b><s>N</s>10,000,000.00</b> </span><b><span style="font-size: 12pt; font-family: "Comic Sans MS";">(Ten Million Naira) </span></b><span style="font-size: 12pt; font-family: "Comic Sans MS";">to the Claimant as compensation for the permanent disabling injury she suffered in the course of her employment with the Defendant.</span><span style="font-size: 12pt; font-family: "Comic Sans MS";"><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">3. The Defendant and the Abia State Local Government Service Commission are ordered not to do anything or take any action that will jeopardise or affect the Claimant’s employment or payment of her salaries until she statutorily retires from the employment.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">I also award cost of <b><s>N</s>200,000.00 (Two Hundred Thousand Naira)</b> to be paid by <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">the Defendant to the Claimant.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 4pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">Judgment is entered accordingly.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><b><span style="font-size: 12pt; font-family: "Comic Sans MS";">Hon. Justice O. Y. Anuwe<o:p></o:p></span></b></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Comic Sans MS";">Judge<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><b><u><span style="font-size:12.0pt;font-family:"Comic Sans MS"; mso-bidi-language:HE"> </span></u></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Comic Sans MS""> </span></p>