(2010) JELR 45342 (SC)    

Supreme Court  ·  SC.288/2005 ·  9 Jul 2010 ·  Nigeria
Other Citations
N.S.I.T.F.M.B. v. Klifco Nig . Ltd. (2010) 13 NWLR (Pt.1211) 307 S.C.
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IBRAHAM TANKO MUHAMMED Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Core Terms Beta
evidence act
court of appeal
certificate of indebtedness
trial court
npf act
official capacity
simple debt
specific denial of the appellant
contents of exhibit
laws of the federation of nigeria
leading judgment
meaning of the national provident fund act
national provident fund act cap
provisions of section
said debt
statutory duty
sum of n38,453.13
direct interest of a personal nature
exhibit l
lower court
ministerial duty
personal interest
prima facie evidence of the truth of its contents
above findings of the lower court
above reproduced excerpt of exhibit j
acknowledgement of the respondent
acknowledgment of the respondent
acknowledgment of the said debt
admissibility of exhibits l
content of the said exhibit j
director of the appellant company
document exhibit
following issues
j. exhibit l
learned trial court
letter of 2nd march
maker of exhibit l
part of the director
pendency of the instant proceedings
pertinent questions
port harcourt division of the court of appeal
port harcourt federal high court
set aside

C. M. CHUKWUMA-ENEH, J.S.C: (Delivered the Leading Judgment): The plaintiff's claim in the Port Harcourt Federal High court is for the sum of N38,453.13 (thirty eight thousand, four hundred and fifty three naira, thirteen kobo) later amended to N38,431.75k "representing arrears of contribution and interest which the defendant as employer of labour within the meaning of the National Provident Fund Act, 1961, failed and or neglected to pay despite repeated demands by the plaintiff."

In the matter, pleadings have been filed and exchanged by the parties and evidence called on both sides. The trial Court in a considered judgment has entered judgment in favour of the plaintiff. The defendant being dissatisfied with the decision has appealed to the Port Harcourt Division of the Court of Appeal, which again after a considered judgment unanimously allowed the appeal. Aggrieved by the decision the plaintiff has now appealed to this court upon a Notice of Appeal as at pages 112 to 115 of the rec…

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