Hon. Justice Anthonia Ubaka of the Lagos Judicial Division of the National Industrial Court of Nigeria has ordered Niger Insurance to pay Mrs Charity the sum of N17.1m, being the outstanding terminal benefits and entitlements of her late husband, late Mr Christopher.
The Court declared that Mrs Charity is entitled to the outstanding sum of the terminal benefits of her late husband, the late Mr Christopher, from Niger Insurance.
Justice Ubaka further awarded the sum of N500k cost against Niger Insurance and ordered that all sums must be paid within 30 days, failing which the judgment sum shall attract 10% interest per annum.
From facts, the claimant, Mrs Charity, had submitted that her late husband was an employee of Niger Insurance who died in June 2015 and that the company, through a letter in October 2015, informed her that the terminal benefits payable to her late husband amounted to N46.1m.
Mrs Charity Ojakovo pleaded that after signing the withdrawal of service claim documents alongside her children, Niger Insurance only paid the sum of N29m in instalments between 2016 and 2022, leaving an outstanding balance of N17.1m, which the company failed and refused to pay despite repeated demands.
Mrs Charity further averred that the refusal of Niger Insurance to pay the outstanding terminal benefits caused her severe hardship, emotional trauma, and financial difficulties, and urged the court to grant the relief sought.
However, Niger Insurance neither entered an appearance nor filed any defence despite being served with the originating processes and hearing notices by the Court.
Delivering judgment after careful consideration of the evidence before the Court, Hon. Justice Anthony Ubaka stated that the Niger Insurance has not denied that the late Mr Christopher has been fully paid his terminal benefit, and held that the unlawful withholding of the outstanding terminal benefit of the late Mr Christopher was wrongful and illegal.
The Court held that the letter issued by Niger Insurance acknowledging that the sum of N46.1m was due as terminal benefits to the late Mr Christopher constituted a clear admission of indebtedness under the law.
Justice Ubaka stated that, having admitted the indebtedness and having paid only N29m out of the agreed terminal benefits, Niger Insurance had a duty to pay the outstanding balance of N17.1m to Mrs Charity.
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