CASE TITLE: STANDARD CONSTRUCTION LTD v. YAHAYA & ORS (2021) LPELR-55469(CA)
JUDGMENT DATE: 3RD JUNE, 2021
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: ABUBAKAR MU’AZU LAMIDO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on Summary Judgment Procedure.
FACTS
This is an appeal against the judgment of the National Industrial Court of Nigeria, Kano Division delivered on 14th day of December 2016 by Mani, J.
At the trial, the Respondents were the Claimants while the Appellant was the Defendant. The claim against the Defendant/Appellant before the trial Court is for the following reliefs: –
1. A DECLARATION that the claimants as ex-employees of the Respondent are each entitled to the entitlement/amount due as respectively contained in the Respondent’s letter and payment schedule dated 15th May 2014.
2. AN ORDER of this Honourable Court compelling the Respondent to pay each of the claimants suing his entitlement (amount) due as is contained in the Respondent’s letter and column 6 of the payment schedules dated 15th May 2014 which is all calculated to be in the sum of N41,762,681.80 (Forty-One Million, Seven Hundred and Sixty-Two Thousand, Six Hundred and Eight-One Naira, Eighty Kobo) with interest thereon at the rate of 21% percent per annum from August 2011 up to judgment and thereafter at the rate of 10% per month until the sum is fully liquidated.
3. AN ORDER of this Honourable Court awarding general damages to the claimants suing in the sum of N5,000,000.00 (Five Million Naira) for Respondent’s willful refusal, neglect and failure to pay the claimants their respective entitlement/amount due consequent upon which the claimants suffered untold hardship and trauma.
4. AN ORDER of this Honourable Court for the cost of action and prosecuting this case.
From the above complaint, the claimants/Respondents filed a motion for summary judgment supported by address. The Defendant/Appellant filed its memorandum of appearance, statement of defence, counter-affidavit opposition the motion for summary judgment and a written address.
After hearing parties on the motion, the trial Court granted the prayers and awarded the sum of N41,762,681.80 being claimed with interest at the rate of 10% per month until the sum is fully liquidated as post-judgment interest and the sum of N2,000,000.00 as general damages for hardship and trauma suffered by the Claimants/Respondents.
Dissatisfied with the decision of the trial Court, the Respondent/Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The appeal was determined on a lone issue viz:
“Having regards to the facts and evidence adduced, whether the trial Court was right to enter a summary judgment against the Appellant and make the orders as contained in the judgment.”
DECISION/HELD
On the whole, the Court of Appeal allowed the appeal. Consequently, the judgment of the trial Court was set aside. The case was transferred to the general cause list to be heard on the merits.
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View Comments
Whilst this decision of the court of appeal is sound in the sense that there is nothing in the NICN Rules 2017 which permits of summary judgment proceedings, it is nevertheless to see that there is a inclination now expressed by the NICN towards awarding damages for failure of an employer to pay the entitlements former employees.
It would be interesting to know the eventual outcome of the decision on the memrit.