Hon. Justice Sanda Yelwa of the Lagos Judicial Division of the National Industrial Court has ordered Kenol Nigeria Ltd to pay Mr. Lucky Ajibola the sum of N961,666 (Nine hundred and Sixty-One Thousand, Six Hundred and Sixty Six Naira as gratuity benefit, N2, 634,600 (Two million, six hundred and Thirty-Four thousand six hundred naira) as total contributory pension for 138 months, N300,000 (Three hundred thousand naira) cooperative savings with Kenol Cooperative Society due since 2018 and the sum of N100,000 as cost of action.
The Court awarded an interest of 21% of the total entitlements from the 1st day of September 2022 to the date the judgment was delivered and an interest of 10% from the day of the judgment till the judgment sum is paid.
From facts, the claimant- Mr. Lucky Ajibola had submitted that he was confirmed as a site engineer on 4th January 2010 and he worked with Kenol Nigeria Ltd from January 2009 till his resignation in June 2022.
Mr. Ajibola’s counsel, O. O. Omole Esq further contended that since his client’s resignation till date, Kenol Nigeria Ltd has refused, failed and or neglected to pay his gratuity, other entitlements and cooperative savings which failure has occasioned loss to his client, urged the court to grant the reliefs sought.
However, the defendant- Kenol Nigeria Ltd failed or neglected to enter defence in the matter despite being adequately and properly served with the claimant’s processes.
Consequently, Mr. Ajibola filed an application by way of motion and prayed for an order granting final judgment in the interest of justice.
After careful evaluation of the submission, written depositions and the exhibits filed, the Presiding Judge, Justice Sanda Yelwa, held that default judgment is obtained upon the defendant’s failure or default to enter appearance or defense.
The Court while granting the reliefs sought by Mr. Ajibola held that there is no contradiction in the pleading and exhibits tendered by Mr. Ajibola and that he has proved the case as expected in line with the law.
