Port-Harcourt---His Lordship, Hon. Justice Zaynab Bashir of the National Industrial of Court of the Portharcourt Judicial division has ordered Sojok Energy Resources Ltd to pay her former staff Mr. Eze Uba the sum of $14,600 outstanding salaries within 30 days, and failure upon which shall attract interest at the rate of 10% per annum.
The Court held that the evidence tendered before the court is minimally sufficient to grant the relief sought by the Claimant in default of appearance of the firm.
Arising from the fact, the Claimant was an employee of the firm until 12th February 2016 when his appointment was terminated. Claimant averred that upon his employment termination, the managing director promised to pay all his outstanding salary after he has sent his timesheets for processing.
However, the Defendants failed to enter appearance and defence despite proof of service of hearing notice sent to them.
Delivering Judgment after careful analysis of the submission of the claimant, the trial Judge, Justice Zaynab Bashir held that the Rules of the Court empowers the court to enter judgment in default of the appearance of the Defendant or default of filing defence where the claim is for pecuniary damages.
“Having said that, I am also not oblivious of the fact that the claim made by the Claimant for the sum of $14,600 as outstanding salaries is a specific sum making same come within the realm of special damages which must be specifically pleaded and strictly proved.
“It is view of the foregoing, this court finds that the Claimant has specifically pleaded how his salary was agreed to be $200 per day via offer of employment and he has also established through timesheets the days upon which his salaries were not paid upon a preponderance of evidence which remains unchallenged in view of the fact that the Defendants failed, refused and neglected to enter defence. " Justice Bashir ruled.