The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice Dele Peters has awarded the sum of N20m against Ladox Limited in favour of one Gbenga for injury and permanent disability caused to him as a result of the negligence of the firm while in the course of his duty.
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The Court ruled that Ladox Limited has a duty as factory owner to ensure that its machines do not malfunction to cause injury to its workforce.
From facts, the Claimant- Mr Gbenga had submitted that as at when 200 Stars took over Ladox Plastics Product Ltd, the firm was owing him over One Million Naira in salary arrears; that while he was working on the machine, he had an accident when he was trying to repair the machine he could repair it because it was faulty; that while he was carrying out the repairs suddenly the machine started to work; that Ladox was responsible for his treatment in Nigeria; and he was subsequently taken to London not by Ladox but a private individual.
Mr Gbenga averred that he applied for loan for his treatment; that he also wrote a reminder and the Company gave him =N=100,000.00; that till date the company did not call to ask about his treatment and welfare; that the only time Ladox called him was to come and assist them resuscitate the company and that he was not paid any =N=200,000.00 either as loan or compensation.
In defence, the 1st defendant- 200 Stars Resources stated that he purchased a division of the Ladox Plastics and does not know the position of Gbenga at Ladox Plastics; that Gbenga worked with him for about 6 months or less; that he only bought the factory and the building as stated in the Memorandum of Understanding; that Gbenga did not sustain any injury under him and hence could not have paid him any compensation.
The company witness added that he did not buy any liability from the factory, but only purchased machines; that when he met Gbenga with his disability, he was not aware of any sums due to Gbenga from Ladox Limited.
Counsel urged the Court to hold that Gbenga has no cause of action against 200 Stars Resources and that Ladox Limited was his employer.
In opposition, Gbenga’s Counsel, A.A. Ibitara Esq submitted that his client’s evidence is unchallenged that Gbenga sustained his injury in the workplace and that the injury would not have occurred if Gbenga had not been in his workplace, and urged the Court to grant the relief sought.
In a well-considered judgment, Justice Dele Peters dismissed the case against 200 Stars Resources for lack of proof, and held that Ladox Limited owed a duty of care to Gbenga to ensure among other things that the machines provided for Gbenga to work with are in a good working condition, and to ensure that the machines provided do not cause injury not just to Gbenga but to its workforce.
The Court found and held that Ladox Limited breached the duty of care that the injury sustained by Gbenga in the course of his employment for Ladox Limited and in his workplace is the injury and wrong done to Gbenga as a result of the negligence of Ladox Limited.
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