IN THE NATIONAL INDUSTRIAL COURT ** NIGERIA 

IN THE LAGOS ******** DIVISION

****** AT LAGOS

BEFORE HON ******* JOYCE A.DAMACHI 

 

DATE     21^st July 2026 

Suit No: NICN/LA/219/2024

 

BETWEEN

LAFARGE AFRICA PLC        -------CLAIMANT 

AND

********* OLAJIDE     -------DEFENDAN

 

JUDGEMENT 

Introduction

1. *** ******** ** a General Form of Complaints ***** 12^th August, 2024 sought for the following order: 

 

 

 

 

CLAIMANTS CASE 

2. The claimant, Lafarge Africa Plc, is a public limited liability company **** its registered ****** in Ikoyi, Lagos. While the Defendant  ********* Olajide, is a former employee of the ******** (employed as a Craftsman ***** and Operation Manager) whose last ***** residential address is in Ogun State, *** service address ** ****** State.

3. The claimant ***** that the ********* *** ******** via an ********** ********* dated 18 January 2016. ***** *** agreement, *** ***** of work was transferrable, *** termination required one month's notice or salary in lieu of notice.

4. That the ******** operates a Policy on ******* Payments and Recovery which is ******** for in t** Employee Handbook under ********* 5.3 of the Claimant’s Employee Handbook, certain allowances (housing, leave, education, relocation, and ******** 13th-month salary) are paid upfront in ******* of **** ******** year. By that policy, ******* payments are contractually treated as unearned ******** until *** employee completes service for *** entire ******** year (January to December). Upon *********** or termination, *** ******** portion of the upfront ******** is ********** from the date the employee exits the payroll and is fully recoverable ** *** Claimant.

5. The claimant ********* that since *** Defendant resigned from *** employment on 30 March 2018, the Defendant’s ******** ******* ******** for 2018 totaled ?919,513.19, ** broken **** as follows:

• Basic ****** in lieu of Notice: ?483,281.49
• ******** ***** Allowance: ?151,294.23
• Unearned Housing Allowance: ?284,937.47

After deducting the Defendant's final earned entitlements of ?79,191.80, his net indebtedness ***** at ?840,321.39. Claimant admits **** the Defendant paid ?357,039.99 towards the debt, leaving ** outstanding balance of ?483,281.49. **** the Claimant issued a Notification of Indebtedness on 7^th **** 2023. Following non-compliance, the Claimant’s ********** sent a demand letter via ***** on 9 September 2023. Despite ********* the demands, *** Defendant failed, neglected, or ******* to pay the outstanding ******* or reply ** the letters.

6. The Claimant asserts that the Defendant has no defense to this action, and that his ******* to pay has caused *** company economic hardship, loss of monetary value due to inflation, and *********** legal expenses.

7. *** ******** tendered *** following ** exhibits they **** admitted and marked as Exh ** to  C6.

*** ********* are:

1. The Employment Agreement ***** 18 January 2016 (Exhibit C1).
2. The Claimant’s ******** Handbook (Exhibit C2).
3. The Defendant’s resignation ****** ***** 30 March, 2018 (Exhibit C3)
4. *** Claimant’s final demand ****** ***** 7^th July, 2023 (******* C4).
5. The Claimant’s solicitor demand letter dated 9^th September, 2023  (Exhibit C5).
6. Certificate of Compliance **** ******* 84 (Exhibit C6)

 

DEFENDANT’S CASE 

8. *** ********* did *** file a Statement of Defence, lead evidence, ** cross-******* the Claimant's sole witness. *** Defendant's right ** ****** was subsequently foreclosed.

CLAIMANT’S ***** WRITTEN ADDRESS

9. The ******** distilled a **** issue *** the Court's determination:

Whether the Claimant has proven *** entitlement to *** sum of N483,281.49 (Four Hundred and Eighty-Three Thousand, *** Hundred and Eighty-One Naira, Forty-**** Kobo) ***** the ******** ******* **** to the Defendant by the Claimant ** ********** with the ***** ** *** ******** of employment

In *** Final Written Address, learned Counsel for *** ******** (LCC) submitted that *** Claimant ** ******** ** the *********** ******** terminal benefits *** allowances from *** Defendant, *** argued ** follows:

10. The Contractual ***** *** Computation: ******* on Clause 5.3 ** *** Employee Handbook, Counsel submitted that the Claimant ** ************* entitled to recover unearned upfront payments upon ** employee's resignation. Upon the Defendant’s resignation ** 30th March 2018, his ***** upfront payments (***** and Housing allowances) and ****** ** **** of notice totaled N919,513.19. After ******* *** the Defendant's ****** entitlements of N79,191.80, his net indebtedness was N840,321.39. Having paid only N357,039.99, the Defendant *** left an outstanding balance of N483,281.49.

** submitted that the claimant had Proof via ************** *********** Evidence Citing ********** v. State (2006) ***** 342 SC and ******** Referral Hospitals Ltd v. Keystone Bank(2024) ***** 62611CA, Counsel argued that *** Claimant’s claim, being *** *** special damages, has been ******** ****** ** credible, uncontroverted documentary evidence, ********* the employment letter, employee handbook, resignation letter, and demand letters (******** C4 and C5).

11. ******* contended that because the Defendant failed to ***** ** ** query *** demand letters (Exhibits C4 and C5), he is deemed in law to **** impliedly admitted *** debt, relying ** the Court of Appeal decision in ******** v. Eyinnaya(2022)LPELR 57284 CA.

Counsel noted that the ********* was properly served **** the originating processes but ***** not to ****** the action, ******* *********** waiving his right to ** heard (Okoye v. ****** Point ******** Bank Ltd (2008) LPELR 2505 ** *** BGL *** v. FBN(2021)LPELR 54655 CA. Consequently, Counsel urged the Court to accept and act upon the Claimant’s ************ evidence as the truth of the matter, ****** Ezechukwu v. Onwuka(2016)LPELR26055SC.

COURT DECISION

12. For the effective determination of **** suit, this Court ****** the following issues *** determination:

1. Whether the Claimant *** established by credible and uncontroverted ******** *** entitlement to the principal *** of ?483,281.49 as unearned ******** benefits and salary ** lieu of notice owed by *** Defendant.
2. ******* the Claimant is entitled ** pre-******** interest, post-judgment interest, ******* damages, and *** costs of **** action.

 

13. ISSUE 1: *********** ** *** ********* Sum of ?483,281.49

The Defendant *** *** file a ********* of Defence, lead evidence, or cross-examine the Claimant's sole witness, despite being ****** with the originating processes. Consequently, his ***** ** defend this action was foreclosed.

 

14. In civil claims, the burden of proof **** on *** party who asserts (Section 131, Evidence Act 2011). ***** ******** is ************ and uncontroverted, the ***** is ******** to accept and act on it, provided it is credible (Adelakun v. Oruku (2006) 11 NWLR (Pt. 992) 625 CA; Pascutto v. Adecentro (Nig.) Ltd. (1997) ** **** (Pt. 529) 467 SC).

15. ** Nigerian jurisprudence, ***** a defendant fails to adduce evidence ** defense ** a claim, the ******** of proof required of *** plaintiff ** ******* (**** v. U.B.N. Plc (2020) 5 NWLR (Pt. 1717) 251). However, this **** *** ************* ******* *** Claimant ** the burden ** ******* its case ** *** balance of probabilities. The Claimant must still lead ****** and credible evidence ** ********* its claims (******** v. Oshunkeye (2007) 15 NWLR (Pt. 1057) 218).

16. ** the instant case, the ******** *********** the *********** basis for ******** via the Employment ********* (******* C1) *** *** Employee Handbook (Exhibit C2). ****** 5.3 ** ******* C2 ********** ******** for the "Recovery ** Advance Payments," ******* that where ** employee resigns or ** terminated, *** ******** advance payments (including housing *** leave allowances paid ******* in January) will ** ********* ** the organization.

17. The Defendant resigned via ******* C3 on 3*** March 2018. *** computation submitted ** the Claimant shows:

1. ***** unearned ******** and allowances (Housing and Leave) paid upfront for 2018, **** one (1) ***** ***** ****** in lieu of notice (************* required under Exhibit C1), ******** to ?919,513.19.
2. Deducting the Defendant's earned entitlements of ?79,191.80 left a net debt of ?840,321.39.
3. Following a partial ******* of ?357,039.99 ** the Defendant, the outstanding ******* stands at ?483,281.49.

18. ** ***** ******* made on *** Defendant, *** ******** tendered *** Final Demand Letter (Exhibit C4) and the Solicitor's Demand Letter (Exhibit C5). The Defendant failed to reply ** or query the ******* stated in these letters. Under Nigerian law, where a creditor writes demand letters to a ****** *** the debtor fails ** ***** ** query the figures ****** therein, the debtor ** deemed to have impliedly ******** the ************ (Kabo Air Ltd. v. **** Bureau ** ****** Ltd. (2020) 4 NWLR (Pt. 1715) 488 CA; ****** Gyado & Co. (Nig.) Ltd. v. ****** Bank Plc (2019) 6 NWLR (Pt. 1669) 399).

19. Because the Defendant led ** evidence, *** evidence ** *** Claimant's witness remains unchallenged. *** *** is ******* that where ******** is unchallenged, uncontradicted, and not inherently incredible, the Court is bound to accept and *** upon it (********* v. Onwuka (2016) LPELR-26055(SC)). *** Claimant has strictly and satisfactorily proved *** existence of *** debt. Issue 1 ** therefore ******** ** favor ** *** Claimant.

20. ***** 2: Pre-Judgment Interest, Post-Judgment Interest, General Damages, and Costs

21. A. Pre-Judgment Interest

The Claimant ***** 22% pre-******** interest **** 30th ***** 2018 ** the date ** judgment, framing ** ** "******** inflation interest."

Under ******** law, for a claim for pre-******** interest ** succeed, it must ** ******* and proved that *** interest is either a **** of the contract, arises from ********** custom, or ** ********* ** a specific ********* provision (******** v. Wayne (West Africa) Ltd (1989) 5 NWLR (Pt. 122) 422; A.G. ******* & Co. Ltd. v. JSC (Nig.) Ltd (2011) 13 NWLR (Pt. 1265) 592).

The Claimant's claim for 22% interest ** based on "economic inflation." This ** *** a contractually agreed rate within Exhibits C1 or C2, *** is it a recognized mercantile ***** proved by evidence. Furthermore, ******** inflation ** *** a recognized ***** ***** for the automatic award ** pre-judgment interest ** a simple breach of contract action ******* contractual ******* (U.E.S. Ltd v. R.M.A. & F.C. (2022) 10 NWLR (Pt. 1837) 133). Consequently, *** ***** for 22% pre-******** interest ***** and is hereby refused.

B. General Damages. *** Claimant claims ?5,000,000.00 as general damages for breach of contract.

** actions *** debt ******** and breach of contract, *** measure of damages ** generally limited to the ******** ** the debt itself. The award of general damages alongside the recovery of the ********* debt and post-judgment ******** ******* to ****** compensation, ***** ** impermissible (U.B.N. Plc v. Gbadebo (2016) LPELR-41151(CA)). *** Claimant has *** demonstrated any *********** loss beyond the temporary deprivation of the principal sum. The ***** *** general damages is therefore refused.

C. Post-Judgment Interest

The ******** claims 21% post-judgment interest. Under Order 47 Rule 7 of *** National ********** Court of Nigeria (***** Procedure) Rules 2017, **** ***** has *** discretion to ***** post-******** interest ** a rate not less **** 10% per ***** upon *** judgment sum. A post-******** interest rate of 10% per annum ** reasonable and is hereby awarded.

D. Cost ** *** Action

The Claimant seeks *** cost ** this action ** the sum of ?500,000.00.

Costs ****** events, and a successful ***** ** ******** ** costs (Order 55 Rules 1 *** 2, NICN Rules 2017). *** Claimant was forced to litigate ** recover **** debt due to the Defendant's recalcitrance. **** Court, ** its discretion, ****** the sum of ?250,000.00 as the ********** cost of this action.

22. *** Claimant's action ******** in part. This Court hereby makes *** ********* orders:

1. THE DEFENDANT IS ORDERED to pay ** the ******** *** sum of ?483,281.49 (Four Hundred and Eighty-***** Thousand, *** ******* *** Eighty-*** Naira, Forty-Nine Kobo), being *** outstanding unearned terminal benefits and ****** in lieu ** notice contractually owed to the Claimant.
2. *** DEFENDANT ** ORDERED ** *** to *** ******** *** sum of ?250,000.00 (*** ******* and ***** ******** Naira) as *** cost of this litigation.
3. The claims *** 22% pre-******** interest and ?5,000,000.00 general damages are hereby dismissed.
4. The Defendant ***** comply with *** orders ** **** Court ****** 30 days from today, failing ***** the entire ******** sum of ?733,281.49 (***** ******* and Thirty-***** Thousand, Two ******* *** Eighty-One Naira, Forty-Nine Kobo) shall attract post-******** interest at the rate ** 10% per annum until it is fully liquidated.

23. Judgment is ******* accordingly.

 

  HON. JUSTICE JOYCE . A.  O.  DAMACHI

JUDGE 

 

Appearance

 ***** John ******* Esq…for the Claimant 

 *********  not represented