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The claimant filed a complaint against the defendant on the 20th June 2012 seeking the following reliefs: (i) N5,670,000.00 (Five Million, Six hundred and seventy thousand naira) being the total indebtedness of the defendant to the claimant for unpaid salaries from May to November 2010 at the rate of N810,000.00 per month. (ii) Interest at the commercial rates or at 21% per annum from 1st November 2012 until judgement is delivered in this action. (iii) Interest on the judgement debt from judgment until payment thereof at the rate of 21% per annum or as the court may determine. (iv) Cost of this action. Accompanying the complaint is the statement of facts, list of witnesses, copies of documents to be relied on, and a motion for summary judgement. The claimant also swore to a witness statement on oath on the 13th August, 2012. The defendant was served with the originating processes and hearing notice on the 26th July 2012 but did not enter appearance neither did it file a statement of defence. The matter was mentioned on the 6th August 2012 and adjourned to 15th October 2012. Hearing notice was again issued and served on the defendant. The defendant still did enter appearance nor file its defence. The case was adjourned to 6th November 2012 and hearing notice was issued and served on the defendant on the 23rd October, 2012. The defendant still did not put up appearance and the claimant moved his application for summary judgement. The motion for summary judgement is dated 20th June 2012 and is brought pursuant to Order 10 Rule 1 of the Rules of court praying for the following: 1. An order entering final summary judgement in favour of the claimant/applicant as per the General form of complaint and statement of facts. 2. And for such further or other Order(s) as this Honourable Court may deem fit to make in the circumstances. It is supported by a 17 paragraph affidavit sworn to by Chinedu Mbata a litigation officer in the law office of the claimants counsel to which is annexed four exhibits marked SG1, SG2, SG3 and SG4. Also accompanying the motion is the claimants written address which was adopted by counsel. He raised one issue for determination as follows: Whether the claimant/applicant is entitled to an order for final summary judgement as per the General form of complaint and statement of facts. He submitted that the defendant has no defence to this action and that it is in the interest of justice for the claimant to be entitled to an order of final summary judgement. He relied on the statement of facts, the affidavit in support and the exhibits. He cited the following cases Sodipo v Leminkainen [1986] 1 NWLR (Pt 15) 220, Tahir v Udeagbala Holdings Ltd [2004] 2 NWLR (Pt 857) 451-452 and Macaulay v NAL Merchant Bank [1990] 4 NWLR (Pt 144) 283 and urged the court to grant the application as prayed. I have carefully considered all the processes filed by the claimant. Order 10 Rule 4 of the Rules of this court provides that: 4. Where a party served with the processes and documents referred to in rule 1 of this Order intends to defend the action such a party shall, not later than the time prescribed for defence, file: (a) a statement of defence, (b) documents to be used in defence; and (c) a written brief in reply to the application for summary judgment. The defendant has not complied with this provision despite being served with the originating processes. It is aware that this suit has been filed against it. This is indicative of the fact that the defendant does not intend to defend this action.I am therefore satisfied that the defendant has no defence to this action and in the absence of a defence, it is taken that it has admitted all the facts contained in the statement of facts, the claimants deposition on oath and the affidavit supporting this motion for summary judgement. See Egbarin v Aghoghovbia [2003] 16 NWLR (Pt 846) 380, Tahir v Udeagbala Holdings [2004] 2 NWLR (Pt 857) 451. Consequently it is hereby ordered as follows: (1) The defendant is to pay the sum of N5,670,000.00 (Five Million, Six Hundred and Seventy Thousand Naira) being its total indebtedness to the claimant for unpaid salaries from May to November 2010 at the rate of N810,000.00 per month within 30 days. (2) Interest at the rate of 21% per annum shall be paid on the judgement debt by the defendant after 30 days. (3) Costs of N50,000.00 is to be paid by the defendant to the claimant. Judgement is entered accordingly. ……………………..……………… Hon. Justice O.A. Obaseki-Osaghae