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NIGERIA SOCIAL INSURANCE TRUST FUND MANAGEMENT BOARD F OR M ERLY, N ATIO NAL P RO VI DENT F UN D MANAGEMENT BOARD V. KLIFCO NIGERIA LIMITED

(2010) JELR 56145 (SC)

Supreme Court  •  SC.288/2005  •  9 Jul 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC (Presided) MAHMUD MOHAMMED JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Appearances
Nnamonso Ekanem Esq. - for the Appellant. F -*- C.A. Nwokakwu (with him, L.T.C. Eruba) - for the Respondent.

Judgement

CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): The plaintiff’s claim in the Port Harcourt Federal High Court is for the sum ofN38,453.13 (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 record contain…

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