SBM Services (Nigeria) Limited & Ors V. Catherine Sede Okon & Ors (2003)

LawGlobal-Hub Lead Judgment Report

SIMEON OSUJI EKPE, J.C.A. 

The respondents as plaintiffs commenced this action against the appellants as defendants in the High Court of Cross River State in the Calabar Judicial Division by a writ of summons accompanied with a statement of claim filed on the 24th of June, 1999.

In paragraph 59 of the statement of claim, the respondents claimed reliefs against the appellants as follows:
“Where the plaintiffs’ claim against the defendants jointly and severally as follows:
(i) The sum of N485, 744.70 (four hundred and eighty-five thousand, seven hundred and forty-four Naira, seventy kobo) being money due to the 1st and 10th plaintiffs as total benefits after the calculation of their benefits by the defendants.

(ii) The sum of N54, 272.60 (fifty-four thousand, two hundred and seventy-two Naira, sixty kobo) being the total money due to the 1st plaintiff as salary for the month of August, 1998 and as the unpaid balance for educational assistance.

(iii) The sum of N117, 697.08 (one hundred and seventeen thousand, six hundred and ninety-seven  Naira, eight kobo) being the unpaid balance of the total benefits due to the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 11th and 12th plaintiffs after the calculation of their benefits and which balance was not paid to them as a result of the wrongful deductions made by the defendants.

(iv) The sum of N11, 941.80 (eleven thousand, nine hundred and forty-one Naira, eighty kobo) being money outstanding in favour of the 4th plaintiff as unpaid leave allowance for the year 1998.

(v) The sum of N2,665,140.00 (two million, six hundred and sixty-five thousand, one hundred and forty Naira) being the total money due to the 7th, 8th, 9th and 11th plaintiffs as building grants from the 1st defendant.

(vi) The sum of N2,254,740.00 (two million, two hundred and fifty-four thousand, seven hundred and forty Naira) being the total money due to the 7th, 8th, 9th and 11th plaintiffs as building grants from the 1st defendant.

(vii) The sum of N504, 160.17 (five hundred and four thousand, one hundred and sixty Naira, seventeen kobo) being the total money due to the 10th and 12th plaintiffs as prorated building grants from the 1st defendant.

(viii) The sum of N725,371.76 (seven hundred and twenty-five thousand, three hundred and seventy one Naira, seventy-six kobo) being the total money due to the 13th-19th plaintiffs as prorated land grants from the 1st defendant.

(ix) The sum of N28, 412.60 (twenty-eight thousand, four hundred and twelve Naira, sixty kobo) being money due to the 10th plaintiff as the unpaid salary for the month of August, 1998.

(x) The sum of N160, 700.00 (one hundred and sixty thousand, seven hundred Naira) being money due to plaintiffs as their golden handshake with the 1st defendant.

(xi) The sum of N950, 000.00 (nine hundred and fifty thousand Naira) being money due to the plaintiffs as their travelling/repatriation allowance from the 1st defendant.

(xii) The sum of N1, 400,934 (one million, four hundred thousand, nine hundred and thirty four Naira) being money due to the plaintiffs as ex gratia award from the 1st defendant.