Industrial Training Fund & Anor V. Nigerian Railway Corporation (2005)
LawGlobal-Hub Lead Judgment Report
WALTER SAMUEL NKANU ONNOGHEN, J.C.A.
This is an appeal against the ruling of the Federal High Court holding at Lagos delivered by Hon. Justice A. B. Gumel on the 9th day of January, 1997 in suit No. FHC/CS/436/96 in which he dismissed the said suit for being statute barred.
The facts of the case include the following.
The appellants as plaintiffs in the lower court instituted an action at the Federal High Court Holden at Lagos in suit No FHC/CS/436/96 claiming the following reliefs (both in the particulars of claim filed on 18/4/96 and the statement of claim filed on 17/6/96:
- Whereof the plaintiff’s joint claims is against the defendant for:
(i) the sum of N70,000,000.00 (Seventy Million Naira) being the total outstanding sum of money due to the plaintiffs from 1990-1995 levy years.
(ii) 5% monthly penalty for non-payment on every month the said sum ought to have been paid until the liquidation of the outstanding sum.
(iii) Cost of this action”.
The facts on which the claims are based are stated in paragraphs 7 to 12 of the statement of claim as follows:
“7. The plaintiffs aver that the defendant has more than 12,600 employees in its establishment and notwithstanding its status failed to comply with the statutory obligation of registering and contributing to the fund.
- The defendant, by her letter dated 13th June, 1991 applied to be fully registered as a member of the fund after several threaded of sanctions and of court action but failed refused and neglected to complete the necessary I.T.F. Forms for registration in spite of demands on her by the plaintiffs.
- The plaintiffs aver that the defendant has persistently defaulted from 1971 (sic) to date in settlement of the statutory 1% of her annual gross payroll.
- The defendant has failed refused and/or neglected to fill I.T.F. Forms for levy year 1990-1995 which forms are expected to show the 1% of the gross payroll payable to the plaintiffs despite demands by the plaintiffs and her solicitors.
- The plaintiffs aver that the defendant’s estimated a debt is as follows:
(a) 1990 levy year N 10, 000,000.00
(b) 1991 levy year N 11, 000,000.00
(c) 1992 levy year N11, 000,000.00
(d) 1993 levy year N12, 000,000.00
(e) 1994 levy year N12, 000,000.00
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