IN
THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT
NO NICN/LA/536/2018
BEFORE HIS LORDSHIP,
HON. JUSTICE (DR.) 1. J. ESSIEN
DATE: 12th March 2026
BETWEEN
UNITED
BANK FOR AFRICA
Claimant
AND
OLUSANYA
OLUMIDE ADEYIGA
Defendant
JUDGMENT.
The claimant commenced this action by a
complaint dated and filed the 22/10/2018. In the complaint the claimant sought
the following relieves from the court:
(1)Sum
of N10, 238,708.14 (Ten Million Two
hundred and Thirty Eight Thousand, Seven Hundred and Eight Naira, Fourteen
Kobo) only, being the total sum due and payable by the defendant to the
claimant, as a result of the N2,825,721.22(Two Million, Eight Hundred and
Twenty Five Thousand, Seven Hundred and Twenty One Naira, Twenty Two Kobo)
being Net Indebtedness of (Salary in lieu of Notice N617,728.53; Current A/C
Debit Balance (N670,909.91; Status Vehicle Loan(N2,113,125.00) less his total
benefit of N576,042:22) which same
attracted interest at default rate from 2011.
(2)Compound
Interest on the amount claimed in (1) above i.e N10,238,708.14 at the rate of
10% per month from 1st October, 2017 till judgment and thereafter at
the same rates till liquidation of the entire debt.
In support of the complaint is a
statement of facts, a list of frontloaded documents and a witness statement on
oath of the claimant witness. Upon the being served with the originating
process, the defendant filed a statement of defence on the 14/11/2018 along
with a statement of defence of the defendant. On the 4/12/1018, the claimant
filed a reply to the statement of defence along with the further deposition of
the claimant witness. On the 11/2/2025, the claimant was granted leave to call
additional witness and to file a witness deposition for the witness. Hearing in
this matter commenced on the 21/10/2025. The defendant was not represented
throughout the hearing despite the service of hearing notice on the defendant.
The claimant called one witness Mr Afamefuna
Ogbona who testifies as CW-1. The witness adopted his witness deposition and
went on to tender the following documents in evidence.
1. Defendant statement of account is
Exhibit C1
2. Status car request form is exhibit C2
3. Letter of resignation Exhibit C3
4. Staff handbook is Exhibit C4
5. Letter of demand for outstanding
indebtedness Exhibit C5
6. Solicitor letter of response to letter
of indebtedness Exhibit C6
7. Solicitor letter of demand is Exhibit
C7
8. Asset movement form is Exhibit C8
9. Memo of allocation of official car is
Exhibit C9
10. Registration particulars of car is
Exhibit C10
11. Email correspondence is Exhibit C11.
a, b, and c
12. Email message on the release of
official car is Exhibit C12 a, b, and c
The claimant closed their case and the
suit was adjourned for cross examination and defence. On the 27/1/2026 when the
matter came up for hearing, the defendant and counsel were absent, and no
reason was given for their absence despite the service of hearing notice on the
defence counsel. The matter was
therefore adjourned to the 23/2/2026 for the adoption of the final written
address of the claimant. The claimant counsel adopted their final address and
urged the court to enter judgment for the claimant on the uncontradicted
evidence of the claimant.
DECISION OF THE COURT.
The case of the claimant is that the
defendant is a former staff of the defendant who was employed by the Claimant
on Tuesday September 1, 2009, confirmed on Monday March 1, 2010 and resigned on
Wednesday December 15, 2010 he resigned without giving the appropriate notice
to terminate the employment or pay the defendant 3 month salary in lieu of
notice. The claimant operated an account No 1013985869 the evidence of which
the claimant tendered as Exhibit C1. The defendant while in the employment of
the claimant applied for a status car loan which was granted to the claimant
vide Exhibit C2. The car described as a Toyota Camry by Exhibit C8 the asset
movement form was moved to the defendant department and by an internal memo
dated 16/9/2009 and tendered as Exhibit C-9, the car was allocated to the
defendant. The defendant did not deny the fact that he got the car. The
deposition of the defendant witness was deemed abandoned. However, Exhibit C9
states that ‘HCM approved a status car request form for processing in respect
of Olumide Adeyiga (a new staff in E-banking Services of AGM Grade level). The
staff choice is a Toyota Camry 3.5L with current price higher than his allowed
limit as per entitlement policy. He was offered a Camry in the bank’s pool
which he inspected and indicated his interest to take possession. The Net book
value (NBV) of the car was put at N5,589,000.00 (Five Million, Five Hundred an
Eighty Nine Thousand Naira). Further to the above, the Status car request form
Exhibit C2 states:
Please
note that upon your resignation from the Bank, your cheque for full and final payment
of the Net Book Value (NBV) of the car must be attached to your letter of resignation,
(a)If fully
amortized. You shall pay10% of purchase price to acquire the car
(b)If
not fully amortized, you shall pay 10% of purchase price plus Net Book Value
(NBV) to acquire the car.
From the above terms It is clear, that
the status car was not a gift to the defendant. I do not understand how the
defendant whose appointment was confirmed on 1st March 2010 and he
resigned on 15th December
2010 barely 9 month thereafter can claim to be entitled to the official
car given to him. In the claimant response to the letter of resignation dated
18/3/2011 and tendered as Exhibit C3 the claimant stated the net book value of
the car to be in the sum of N2, 113,125.00k The defendant ought to have known that he was to issue a cheque
for the above stated amount being the NBV as stated in Exhibit C3 upon the
letter being served on him or in the alternative return the car back to the
claimant. The evidence adduced by the claimant in proof of this fact was never
contradicted. This court is bound to rely on the evidence adduced in granting this
head of claim. In the case of Incar Nigeria Ltd. & Anor V. Mrs. R. A.
Adegboye (1985) 2 NWLR (Pt. 8) 453 (CA) ‘this court held that when
in a claim for damages the party claiming gives evidence to support his claim
for specific amount which evidence is unchallenged or uncontradicted by the
other party, the trial Judge would be entitled to accept the evidence in
support of the amount and award the same’
It is the finding of this court that the
claimant is entitled to the claim in respect of the status vehicle loan.
The claimant also claims the sum of
N617, 728.53k as three (3) month salary in lieu of notice. The evidence before
the court shows that in tendering his resignation, the defendant who was a
management staff failed to give the claimant 3 months notice or pay 3 months
salary in lieu of notice as required under Clause 8.2 of the UBA Staff Hand
Book tendered as Exhibit C4. The defendant exited the employment of the
claimant without due regards to the terms of the employment which he had
voluntarily subscribed to. This fact was never challenged by the defendant. It
is the finding of this court that the claimant is entitled to the claim under
this head.
The claimant witness testified in
paragraph 8, 9, 10, and 11, that at the point of exit from the claimant
employment, the defendant had a total indebtedness of N3,401,763.44 as at 18
/3/2011. That the defendant had a total benefit of N576,042.22. That the
defendant had a net indebtedness of N2,825,721.22 as at 18 /3/201l
after deduction of the total benefit N576, 042.22 from the total indebtedness
of N3,401,763.44. It is the net indebtedness which by Exhibit C3, the defendant
was informed would be posted into his salary account No. 1013985869. The net
indebtedness has attracted interest from 18/3/2011 to 29/9/2017 as shown on the
defendant statement of account tendered as Exhibit CW1, which indebtedness now
stand as N10, 238,708.14 (Ten Million Two Hundred and Thirty-Eight Thousand,
Seven Hundred and Eight Naira, Fourteen Kobo) as at 29/9/ 2017.
The claimant made a formal demand of
this debt in Exhibit C-3, C-5, and C-6. The defendant ignored the demand. The
defendant in response to the claimant solicitor’s letter of demand Exhibit C-6
wrote denying liability. The defendant failed to appear in this court to offer
evidence in justification of his denial of the indebtedness. The settled
position of the law is that when in a claim the party claiming gives evidence
to support his claim for specific amount which evidence is unchallenged or
uncontradicted by the other party, the trial Judge would be entitled to accept
the evidence in support of the amount and award the same. See the case of Incar
Nigeria Ltd. & Anor V. Mrs. R. A. Adegboye (1985) 2 NWLR (Pt. 8)
453 (CA).
See also the case of Maritime
Services Ltd. V. Alhaji Bello Afolabi
[1978] 2 SC. 79.
On the strength of the evidence adduced
by the claimant in this case and the authorities cited above, it is the finding
of this court that the claimant has proved their entitlement to the sum claimed
in this action. Accordingly, judgment is entered in favour of the clamant
against the defendant. The defendant shall pay the sum of N10,
238,708.14 (Ten Million Two Hundred and Thirty-Eight Thousand, Seven Hundred
and Eight Naira, Fourteen Kobo).
The defendant shall also pay the sum of
N617,728.53k being 3 months salaries in lieu of notice the defendant failed to
give to the claimant when he exited the employment.
The sum hereby awarded shall attract post
judgment interest at the rate of 5% from that date of this judgment until the
judgment debt is fully liquidated.
The defendant shall pay a cost of N100,000
to the claimant.
Judgment is hereby entered.
___________________________________
Hon.
Justice (Dr.) I. J. Essien
(Presiding Judge)
REPRESENTATION.
Funmi Adeogun
Esq. for the claimant
R.
Abudu Esq. for the defendant