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JUDGMENT 1. Introduction & Claims The Claimant, by his General Form of Complaint & Statement of Facts dated 11/5/16 approached this Court and sought the following reliefs against the Defendant - 1. An order to the Defendant to pay to the Claimant the sum of N1,797,349.55 [One Million, Seven Hundred and Ninety-Seven Thousand, Three Hundred and Forty-Nine Naira, Fifty-five kobo Only] being the sum agreed by the Defendant to be due to the Claimant pursuant to the letter of cessation of contract/employment dated the 29/9/15 issued to the Claimant by the Defendant as special damages. 2. The sum of =N=5,000,000.00 (Five Million Naira) being general damages for breach of contract of employment, detention of the sum as stated in relief 1 above and the cost of this suit. Claimant's Form 1 was accompanied by statement of facts, list of witnesses, written statement on oath of witness to be called at trial as well as list and copies of documents to be relied on at trial. There is evidence of service of all the processes filed by the Claimant in the suit on the Defendant. The Defendant however did not enter an appearance or file any defence process throughout the trial of this case. It meant therefore that for all intents and purposes, this case remains undefended. 2. Case of the Claimant The Claimant opened his case on 13/3/17 when he testified as CW1. Claimant adopted his statement on oath dated 11/5/16 as his evidence in chief and tendered 14 documents as exhibits. The documents were admitted in evidence and marked as Exh. C1-Exh. C14 respectively. The case of the Claimant as revealed from the pleadings filed and evidence in chief is that he was an employee of the Defendant having been offered an employment on 24/1/06 which offer he accordingly accepted; that the Defendant determined the said employment without following terms of same; that nevertheless, the Defendant vide a letter dated 1/6/13 renewed his employment and the contract of employment was to last for six (6) months; that the new compensation package was stated therein; that it was equally stated that the terminal benefits on the old contract was being computed and would be paid to him within the period of the new contract; that upon commencement of the new salary package on 1/6/13, he noticed with utter dismay the discrepancies in the amount paid to him as stated in the Pay slip issued to him; that he made several oral representations to the Account Department but nothing was done; that in view of this many months of unpaid salaries and entitlements which ran into nine months, the staff of the Defendant, on the 16/9/15had a general meeting wherein after the said meeting a letter was written to one Sir Emeka Offor - a Director of the Defendant complaining bitterly about their respective unpaid leave allowances, salaries, entitlement and unpaid end of the contract benefits on the long gone destination inspection contract; that the Defendant rather than attending to the complaint of its staff as contained in the letter of 11/9/15 issued the Claimant with a letter titled “RE CESSATION OF CONTRACT” dated 29/9/15 and that the Defendant never stated any definite day/date for the payment of his accumulated wages as contained in his claim and hence this action. The Defendant was afforded opportunities several times to cross examine the Claimant but failed to utilise same. In much the same vein, notwithstanding several adjournments to enable the Defendant open its defence it refused and/or neglected from doing so. Hence the case of the Defendant was closed and parties directed to file their final written addresses for adoption in accordance with the Rules of Court. 3. Final Written Address The final written address of the Claimant was filed on 3/8/18. In it learned Counsel set down a lone issue for determination as follows - Whether on a balance of probability, the Claimant has proved his case to be entitled to the reliefs claimed. In arguing the sole issue, learned counsel submitted that it would be seen that the claimant has through the exhibits before the court, the statement of claim(sic) and oral evidence, proved existence of an enforceable contract of employment with the defendant and the breach of the written terms of the said contract of employment, citing Olaniyan & Ors. v. Unilag &Anor. (1985) LPELR-2565 & Amodu v. Amode & Anor. (1990) LPELR-466. Counsel submitted that in order for the Claimant to succeed in an action for a breach of contract of employment, he must not only establish that there was a breach but that there was in existence an enforceable contract which was breached, citing Best (Nig) Ltd v. Blackwoodhodge Nigeria Limited & Anor. (2011) LPELR-776. Counsel submitted that the pleadings and exhibits have sufficiently proved a breach of the terms of the Claimant's written contract of employment by the Defendant before the Court and thus entitled the Claimant to the reliefs sought. Counsel urged the Court to enter Judgment in favor of the Claimant. 4. Decision The claims of the Claimant are essentially 2. The first is for an order to the Defendant to pay to the Claimant the sum of =N=1,797,349.55 [One Million, Seven Hundred and Ninety-Seven Thousand, Three Hundred and Forty-Nine Naira, Fifty-five kobo Only] being the sum agreed by the Defendant to be due to the Claimant pursuant to the letter of cessation of contract/employment dated the 29/9/15 issued to the Claimant by the Defendant as special damages. It was the evidence of the Claimant in chief that the Defendant terminated his employment with it on 29/9/15 by referring to Exh. C8 and that by another letter also dated 29/9/15 informed him of his entitlement to the sum claimed. Apart from his evidence in chief, the Claimant tendered Exh.C9 to support his entitlement to this relief. That exhibit was the letter titled Re: Cessation of Contract/Appointment. It was dated 29/9/15 and signed by one Fred Udechukwu. In its second paragraph, the letter stated thus - ''Your total End of Contract Benefit, deductions and other entitlements amounting to =N=1, 797, 349.55 will be paid to you as soon as the company's outstanding contract fees are received''. The Defendant also provided details of how it arrived at the figure stated in favor of the Claimant. The particulars as provided by the Defendant in that exhibit indicated that the total sum included 4 months outstanding salaries of the months of May to August 2015; Outstanding Leave Allowances for 2013-2015; Outstanding deductions from October 2012-August, 2015 and End of Contract Benefit (Under the Destination Inspection). That letter was written as far as 2015. There is no evidence before me to the effect that the Defendant had paid the said sum of money to the Claimant. That letter is a clear admission of liability by the Defendant to the Claimant. It is a clear admission of facts. The need for further proof is dispensed with. See Umeh v. Ejike (2013) LPELR-23506 (CA). I order and direct the Defendant to pay to the Claimant the sum of =1,797,349. 55 being the sum admitted by the Defendant as due to the Claimant as his end of contract benefit, deductions and other entitlements in Exh. C9. The second relief sought is for the sum of =N=5,000,000.00 (Five Million Naira) being general damages for breach of contract of employment, detention of the sum as stated in relief 1 above and the cost of this suit. In EFCC v. Inuwa & Anor. (2014) LPELR-23597 (CA) the Court of Appeal per Akeju JCA explained general damages as the kind of damages which the law presumes to be the consequence of the act complained of and unlike special damages a claimant for general damages does not need to specifically plead and specially prove it by evidence, it is sufficient if the facts thereof are generally averred. Now, in his claims before the Court the Claimant did not contend before me that the Defendant was in breach of the existing contract of employment between them. There is also no claim for a declaration of wrongful termination of employment by the Claimant. I therefore find no basis upon which damages could be awarded the Claimant for breach of contract of employment. Secondly, the Claimant also sought payment for damages for detention of the sum of money stated in relief 1. The Court has made an order for the Defendant to pay the said sum of money over to the Claimant. An order for payment of general damages will amount to double jeopardy cognisance of the finding and holding of this Court respecting the first relief sought. As for claim for cost, it is trite that cost follows event. It is also trite that the award of cost is at the discretion of the Court in favour of a successful litigant at the end of the case. A successful party is always entitled to cost of action unless the Court finds anything to the contrary. See Regd. Trustees of Deeper Christian Life Ministry v. Ehbodaghe (2016) LPELR (CA). This case was instituted in 2016. The Claimant was represented by a Legal Practitioner. Expenses were incurred in filing court processes. This is aside from sundry expenses incurred by the Claimant. I hold that the Claimant is entitled to cost of this action. I thus order and direct the Defendant to pay to the Claimant the cost of this action assessed at =N=100,000.00 only. Finally, for the avoidance of doubt and for all the reasons as stated in this Judgment, 1. The Defendant is ordered and directed to pay to the Claimant the sum of =N=1,797,349.55 being the sum admitted by the Defendant as due to the Claimant as his end of contract benefit, deductions and other entitlements in Exh. C9. 2. The Defendant is to pay the said sum of =N=1,797,349.55 with interest at the rate of 10% per annum from June 2016 until final liquidation of the entire judgment sum. 3. The Defendant is ordered and directed to pay to the Claimant the sum of =N=100,000.00 being the cost of this action. All the sums due under this Judgment are to be paid within 30 days from today. Judgment is entered accordingly. ____________________ Hon. Justice J. D. Peters Presiding Judge