Incorporated Trustees For Peace And First Aid Mission Of Nigeria v Ocean Properties Equilibrium Concept Ltd & Anor

JudgeHonourable Justice Sanusi Kado
Judgment Date05 July 2019
RespondentOcean Properties Equilibrium Concept Ltd & Anor
AppellantIncorporated Trustees For Peace And First Aid Mission Of Nigeria
Docket NumberNICN/KD/17/2018
CourtNational Industrial Court (Nigeria)

Ifeanyi Chukwurah, Esq; For the Claimant, holding brief of I. S. Yahaya, Esq;
The claimant approached this Court via general form of complaint dated 17/04/2018 and filed on the same day. The complaint was accompanied with Statement of facts, witness statement on oath, list of documents, and photocopies of documents to be relied on at the trial. The claimant vide this action is seeking for the following reliefs;-
a. A DECLARATION that there was an existing contract for service between the claimant and the defendants until the 30th day of November, 2017.
b. A DECLARATION that the defendants are in default of the payment of the claimant’s entitlements for three months from the 1st September, 2017 to 30th November, 2017 in the sum of One Million Five Hundred Thousand Naira (N1,500,000) only.
c. ORDER of the Honourable Court compelling the defendants to pay to the claimant their entitlements due to them from 1st September, 2017 to 30th November, 2017 in the sum of One Million Five Hundred Thousand Naira (N1,500,000) only
d. Interest on the aforesaid sums at the rate of 10% per annum from the date of judgment until final liquidation.
e. One Hundred and Fifty Thousand Naira (N150, 000) being the professional fee of the Legal Practitioner.
f. Cost of filing this suit.
Case of the Claimant
The commandant of the claimant testified on behalf of the claimant as CW1. CW1, after adopting his witness statement on oath as his evidence in this case. CW1, in the course of giving evidence in chief tendered 3 documents in evidence which were admitted in evidence and marked as exhibits CW1A1-2, CW1B, and CW1C1-6.
From the statement of facts and CW1’s witness deposition on Oath and the oral testimony, the case of the Claimant was that the Claimant’s organisation is a registered company under Part C of the Companies and Allied Matters Act. LFN 1990. According to CW1, the claimant was contracted by the Defendants to provide security services at the defendants’ construction site at the Police Estate Bubban Saura, Kaduna. Consequent, upon which 10 security personnel were deployed to the defendants’ construction site at Babban Saura, Kaduna. When CW1 assumed mantle of leadership of the claimant as Commandant Kaduna, he wrote to the defendants to request that payments for the security personnel should be paid via the claimant’s Bank account. The defendants acceded to the request and continued to pay the monthly security personnel’s salaries through the claimant’s bank account. It was stated by CW1, that in the month of August, 2017, the claimant avers that the defendants demanded for more security personnel and it provided 15 more personnel for the defendants bringing the total number of personnel provided by the claimant’s organisation to 25. The claimant avers that the defendants paid each of the security personnel provided the sum of Twenty Thousand Naira (N20,000) per month, and made the said payment diligently until the month of August 2017 when the defendants stopped making the said payments. The defendants payment from the month of April 2017 to August 2017 where evidenced in EXHIBIT CW1 C1-6 which was a photocopy of transaction in account number 6060160134 with Fidelity Bank in respect of Citizen for Peace and First Aid Mission of Nigeria. It is the evidence of CW1, that from the moment the increase in personnel was effected to the defendants’ site, the defendants failed to pay the claimant’s staff from the 1st of September, 2017 to 30th November, 2017. The claimant further avers that for the services rendered to the defendants for three months commencing from 1st September -30th November, 2017 calculated at N20,000 per person which brings the total of N20,000 by 25 persons for a period of three (3) months to N1,500,000 (One Million Five Hundred Thousand Naira) only. It was also stated that the claimant was forced to withdraw the security services from the defendants by a letter Dated 1st day of December, 2017 due to non-payment of salaries owed the claimants security personnel posted to the defendants’ site. The refusal of the defendants to pay for the security services rendered led to writing of letters of demands dated 13th November, 2017 and 31st January, 2018 attached and marked as EXHIBIT CW1A1-2, wherein the salaries of the 25 personnel sent to the defendants’ site was demanded. However, the defendants still failed to respond to the said letters...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT