General
Court Gives Shipping Firm Seven Days to Pay Seafarers N24.5m
By Modupe Gbadeyanka
The Lagos Judicial Division of the National Industrial Court has ordered Delta Marine Shipping Company to pay three crew and seamen the sum of N24.5 million in unpaid wages within seven days.
The benefiting seafarers are Mr Akegor Mudiaga Micheal, Mr Lambert Chimankpa Nsoha, and Mr John Silvanus Boham. The payment is for their unpaid wages from April 2019 to June 2021 within 7 days.
The trio instituted the action against Delta Marine Shipping Company seeking the payment of outstanding wages earned while serving as seafarers onboard the vessel, pursuant to their respective contracts of employment.
They submitted that they had faithfully discharged their duties onboard the vessel but were not paid their salaries covering the years April 2019 and June 2021 despite repeated demands.
The claimants averred that they wrote letters of complaint and reminders to the Managing Director of the company and the Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA) regarding the non-payment of their wages, all to no avail.
However, the defendant failed to enter an appearance nor file any defence. The company also failed to cross-examine the claimants’ sole witness, and the court consequently foreclosed its right to cross-examination and defence.
In a well-considered judgment, Justice Isaac Essien held that the evidence tendered by Mr Akegor and 2 others, including their contracts of employment, seamen’s records, certificates of discharge, letters of complaint and the schedule of outstanding salaries, remained unchallenged and uncontroverted.
The court found that the evidence established that Mr Akegor and 2 others were entitled to recover their outstanding wages from Delta Marine Shipping Company.
Justice Essien further held that the claimants had discharged the burden of proof placed on them and were entitled to judgment for the outstanding wages claimed for services rendered onboard MT. Favour from April 2019 to June 2021.
