Download PDF
<p class="MsoNoSpacing"><b><u><span style="font-family:"Times New Roman","serif"">Representation</span></u></b><b><span style="font-family:"Times New Roman","serif"">:<o:p></o:p></span></b></p> <p class="MsoNoSpacing"><span style="font-size:10.0pt;font-family:"Times New Roman","serif"">G.A. Elechi for the Claimant<o:p></o:p></span></p> <p class="MsoNoSpacing"><span style="font-size:10.0pt;font-family:"Times New Roman","serif"">No appearance for the Defendant</span><span style="font-size:12.0pt;font-family: "Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNoSpacing" align="center" style="text-align:center"><b><u><span style="font-size:12.0pt; font-family:"Times New Roman","serif"">JUDGMENT</span></u></b><span style="font-size:12.0pt;font-family:"Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Times New Roman","serif"">On the 9<sup>th</sup> day of March 2015, this suit was commenced by way of complaint in which t</span><span style="font-size:12.0pt;font-family:"Times New Roman","serif";mso-bidi-language: HE">he Claimant claimed against the Defendant as follows: </span><span style="font-size:12.0pt;font-family:"Times New Roman","serif""><o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in;mso-list:l1 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Times New Roman","serif";mso-fareast-font-family:"Times New Roman"; mso-bidi-language:HE">a.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Times New Roman","serif"; mso-bidi-language:HE">A DECLARATION by the honourable court that the dismissal of the Claimant by the Defendant without giving her the opportunity to defend herself or be heard over the alleged misconducts was wrongful and unlawful. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in;mso-list:l1 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Times New Roman","serif";mso-fareast-font-family:"Times New Roman"; mso-bidi-language:HE">b.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Times New Roman","serif"; mso-bidi-language:HE">A DECLARATION by the honourable court that the Defendant's refusal or default to pay the Claimant her full monthly salary with allowances of the sum of Fifty Thousand Naira (<s>N</s>50,000.00) only from April 2004 to October 2014 and her November 2014 salary with allowances amount to a breach of their contract of employment. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in;mso-list:l1 level1 lfo1"><!--[if !supportLists]--><span style="font-size: 12.0pt;font-family:"Times New Roman","serif";mso-fareast-font-family:"Times New Roman"; mso-bidi-language:HE">c.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size:12.0pt;font-family:"Times New Roman","serif"; mso-bidi-language:HE">The sum of <s>N</s>9,000,000.00 (Nine Million Naira) only as General Damages. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Times New Roman","serif";color:#9FA2FF;mso-font-width:132%; mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE">This Complaint was accompanied by the Claimant’s Affidavit of Verification, Statement of Facts, Claimant’s list of witnesses, written deposition of Claimant’s witness. The originating processes in this suit were initially served on the Defendant by personal service on its Managing Director on 10th March 2015. Upon a motion ex-parte for substituted service filed on the 24<sup>th</sup> June 2015, leave was granted to serve the processes in this suit by pasting same on a conspicuous part of the defendant’s premises at 9B Palace Road, Omoku in the Ogba/Egbema/Ndoni Local Government Area of Rivers State. The Defendant failed to file any process in defence of this suit. Hearing commenced on 16<sup>th</sup> November 2015. The Claimant testified for herself as her only witness. Two Exhibits were tendered in proof of this case, Exhibit A-Letter of provisional appointment dated November 27, 2003; Exhibit B-Solicitor’s Letter dated 30<sup>th</sup> January 2015. On the 20<sup>th</sup> April 2016, upon the application of the Claimant’s Counsel, the defendant was foreclosed from defending this action. The Claimant’s Counsel waived his right to file a final address and urged the Court to base its judgment on the pleadings and evidence filed.<o:p></o:p></span></p> <p class="MsoNoSpacing" align="center" style="text-align:center"><b><u><span style="font-size:12.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE">Court’s Decision<o:p></o:p></span></u></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The facts of the Claimant’s case, as given in her evidence when she testified as the only witness in her case, are that she was employed as a receptionist by the Defendant vides a letter dated 27/11/2003. By the terms of the employment letter, the Claimant’s employment was probationary for only three months. Between the time of her employment and the time of her dismissal in November 2014, the Claimant was in the employment for a period over 10 years. In April 2004, the Defendant’s then Manager, Mr. Felix Ukwosah, praised the Claimant’s excellent performances and informed the Claimant that the Defendant has increased the claimant’s monthly salary with allowances from the sum of <s>N</s>1O,OOO to the sum of <s>N</s>50,000. The Claimant accepted this increment but the Defendant never paid the Claimant the increased salary. The highest monthly salary with allowances the Defendant ever paid to the Claimant was the sum of <s>N</s>20,000.00. The Claimant's November 2014 salary with allowances was not paid to her at all. The Claimant’s efforts to make the Defendant pay the balances of the Claimant’s monthly salaries with allowances were rebuffed by the Defendant. On the 11/11/2014, Mr. Uche Imegi, the Defendant's Manager invited the Claimant to his residence and informed the Claimant that she is dismissed from the company on grounds of absenteeism and stealing. The Claimant contended that she was not given any opportunity by the Defendant to defend herself nor was she given a hearing on the allegations before she was summarily dismissed. The Claimant was dissatisfied with the manner in which her employment was terminated by the Defendant and she expressed her objection in a letter dated 30/01/2015 but the Defendant refused to respond to the letter. According to the Claimant, she is willing to continue in the services of the Defendant as a Receptionist until her retirement age in 27 years time. It is also her case that her dismissal by the Defendant, besides being unfair and wrongful, was also a ploy to deny her all entitlements, benefits and gratuity due to her for her long service in the company. It was on the strength of these facts the Claimant sought the reliefs on the Complaint. The reliefs are as follows:<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">1. A DECLARATION by the honourable court that the dismissal of the Claimant by the Defendant without giving her the opportunity to defend herself or be heard over the alleged misconducts was wrongful and unlawful. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.5in"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">2. A DECLARATION by the honourable court that the Defendant’s refusal or default to pay the Claimant her full monthly salary with allowances of the sum of Fifty Thousand Naira (<s>N</s>50,000.00) only from April 2004 to October 2014 and her November 2014 salary with allowances amount to a breach of their contract of employment. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">3. The sum of <s>N</s>9, 000,000.00 as General Damages <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Claimant tendered only two exhibits in evidence. Exhibit A is her provisional appointment letter dated 27<sup>th</sup> November 2003 and Exhibit B is a letter dated 30<sup>th</sup> January 2015 by the Claimant’s solicitors to the Defendant company. The Claimant was not cross examined on her evidence. In addition, the Defendant, notwithstanding service of the processes of this suit on it, did not put up appearance nor defend this suit. When the Defendant refused to utilize all the opportunities this court extended to the Defendant to appear in this suit, this court was constrained to foreclose the Defendant on 20<sup>th</sup> April 2016 and adjourned for judgment. As it is, this case will be decided only on the facts and evidence presented by the Claimant.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">After carefully examining the facts of the Claimant’s case, it is my view that the issue which arose for determination is whether the Claimant is entitled to the reliefs sought.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">Relief 1 of the Claimant’s claims is for a declaration that the dismissal of the claimant without giving her the opportunity to defend herself or be heard over the alleged misconducts was wrongful. In her evidence, the Claimant said the Defendant's Manager informed her on the 11/11/2014 that she has been dismissed from the Defendant company on grounds of absenteeism and stealing. It is the Claimant’s case that she was not given opportunity by the Defendant to defend herself on the allegations before she was summarily dismissed and she was dissatisfied with the manner in which her employment was terminated by the Defendant. From the relief and the testimony of Claimant, the reason the Claimant alleged that her dismissal was wrongful was because she was not given a hearing before the dismissal. The point has to be emphasized here that </span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">the terms of a contract of employment are the foundation in any case where unlawful or wrongful dismissal from employment is alleged. Where a Claimant’s case is founded on wrongful dismissal or termination of employment, the consideration of the allegation is usually based on the contract of service. Therefore, the Claimant is required to plead and prove the terms of the contract of employment and also show in what manner the said terms of the contract were breached by the employer in the dismissal. See <b>UZONDU vs. U.B.N PLC (2008) All FWLR (Pt. 443) 1389 at 1440-1441</b>; <b>TEXACO NIG. PLC vs. KEHINDE (2002) FWLR (Pt. 94) 143 at 157; PETROLEUM TRAINING INSTITUTE vs. MATTHEW (2012) All FWLR (Pt. 623) 1949 at 1967</b>.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">It is thus trite that in master and servant employment, as was the relationship between the parties in this case, what determines wrongfulness of a dismissal are the terms of the contract of service and not the notion of fair hearing which the Claimant seeks to found her allegation on in this case. See <b>OSAKWE vs. NIGERIAN PAPER MILL (1998) 7 SCNJ 222 at 231.</b><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">Accordingly, in order to convince this court that she was wrongfully dismissed, the Claimant’s case must show the circumstances under which she can be dismissed, the procedure for dismissal and the manner in which her dismissal breached the terms and conditions of her employment. </span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Claimant’s employment letter is Exhibit A. The letter did not contain any condition of the employment as to mode or procedure of termination or dismissal. Upon an examination of the pleadings and evidence of the Claimant, I find also that t</span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">he Claimant has<b> </b>failed to relate her dismissal to a breach of the terms of her employment. The consequence is that the Claimant has failed to prove the allegation of wrongful dismissal. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Claimant also sought a declaration that non-payment of her monthly salary of <s>N</s>50,000.00 from April 2004 to October 2014 and the salary for November 2014 is a breach of her contract of employment. In her evidence, the Claimant stated that her initial salary was <s>N</s>10,000.00 until April 2004 when the Defendant’s Manager at the time, one Mr. Felix Ukwosah, informed her that the Defendant has increased her monthly salary with allowances to the sum of <s>N</s>50,000.00. The Claimant stated that the Defendant never paid the salary as increased to her but has been paying her only <s>N</s>20,000 monthly while her salary for November 2014 was not paid to her at all. All her efforts to make the Defendant pay the balances of her monthly salaries were rebuffed by the Defendant. Although these facts were not challenged by the Defendant, it is trite that courts do not grant declarations on the basis of want of defence. Usually, the burden of proof of the declaration sought is on the person seeking the declaration. In this case, the Claimant is under a duty to prove her entitlement to the declaration she sought. In the first place, there is no concrete evidence to substantiate her contention that her salary was increased to <s>N</s>50,000. No document to that effect was shown to this court nor evidence that the Defendant, at any time during the Claimant’s employment, paid such amount to the Claimant as salary. Even in her own evidence, the monthly sum the Defendant has been paying to her since the alleged increase of her salary was <s>N</s>20,000. There is nothing before this court with which to believe that the Claimant’s salary was ever increased to <s>N</s>50,000. By the Claimant’s evidence, it is obvious that the Defendant had consistently paid the sum of <s>N</s>20,000 monthly salary to her except in November 2014 when nothing at all was paid to her. I observe that the said month was the month the Claimant was dismissed from employment. It was the salary of that month that was not paid. It is a fact that the Defendant has been paying the Claimant’s salaries up to October 2014. That is to say the Defendant did not default or refuse to pay the Claimant’s salaries. In view of these findings and in the absence of proof that her salary was increased to <s>N</s>50,000, the declaration sought by the Claimant to the effect that non-payment of the sum of <s>N</s>50,000 as monthly salary to her amounts to a breach of contract of employment cannot be made.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">I must mention it straight away that the 3<sup>rd</sup> relief sought by the Claimant cannot be granted. </span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Claimant claims the sum of <s>N</s>9,000,000.00 as general damages. </span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">In the first place, the Claimant could not prove wrongful dismissal or breach of her contract. No basis has therefore been shown for the award of damages. </span><span style="font-size: 12pt; font-family: "Times New Roman", serif;">See </span><b><span style="font-size:12.0pt;font-family: "Times New Roman","serif"">ARINZE vs. FIRST BANK (2000) 1 NWLR (Pt. 639) 78</span></b><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">. </span><span style="font-size:12.0pt;font-family:"Times New Roman","serif";mso-bidi-language: HE">On the other hand, t</span><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">he general damages sought by the Claimant in this case appear to be in the nature of general damages for breach of contract in ordinary civil claims and not one for damages for wrongful dismissal from employment. The point must therefore be made here that “general damages” is not awarded in actions between master and servant. The law is that an employee cannot be awarded general damages in an action between him and his master. See <b>P.Z & CO. LTD vs. OGEDENGBE (1972) All NLR 206 at 210; PIONEER MILLING CO. LTD. vs. NANSING (2003) FWLR (Pt. 151) 1820 at 1827-1828. </b>Therefore, the general damages sought by the Claimant cannot be granted. The claim fails. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE">Before rounding up this judgment, I find it necessary to point out that Counsel for the Claimant ought to have exhibited more diligence in handling this matter, especially for the sake of the Claimant. Apart from being quite vague in his pleadings, he comfortably waived his right to file a Final Address without giving a thought to what effect that could have on his client’s case. Counsel ought to know that the fact that no defence was filed does not entitle the Claimant to automatic judgment, especially as there were no sufficient facts or materials before the court to entitle the Claimant to such a luxury. Counsel ought to have done more. T</span><span style="font-size:12.0pt;font-family:"Times New Roman","serif"">he purpose of filing written pleadings and addresses, among others, is usually to put before the Court, an exhaustive account of the facts, pleas and arguments of the parties, and to provide a more detailed analysis of the dispute, by clarifying and expounding the points which are most important for the Court’s decision. </span><span style="font-size:12.0pt;font-family:"Times New Roman","serif"; mso-bidi-language:HE">Even though address of counsel cannot take the place of evidence, yet I still say that perhaps if counsel had endeavoured to file a written address, and indeed perhaps if the pleadings contained more facts, perhaps he could have been able to put across to this court, a more detailed analysis of the dispute by clarifying and expounding the points, including the principles, the laws and the authorities which are most important in the instant case, for the Court’s decision. Rather, counsel created a rather vague scenario, devoid of facts that may have helped the court. The court cannot speculate. Be that as it may, this court is poised to do substantial justice, and would not be swayed away from its basic responsibility to do justice. The Claimant averred in paragraph 16 of her deposition that by the acts of the Defendant, she suffered pain, hardship and inconveniences. This fact was pleaded in paragraph 16 of the Statement of Facts. This fact can hardly be ignored, especially as it stands uncontroverted.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE">It is observed that the Claimant merely sought this court to make a declaration about non-payment of her November 2014 salary without seeking for a corresponding order for the payment of same. Since I found in this judgment that the November 2014 salary was not paid to the Claimant, it is my view that she is entitled to be paid the salary. Section 14 of the National Industrial Court Act 2006 empowers this court to grant such remedies which any of the parties may appear to be entitled to in respect of the claims brought before the Court so that all matters in dispute between the parties may be completely and finally determined. It is in exercise of this power that I am inclined to order the payment of the Claimant’s November 2014 salary. Accordingly, the Defendant is ordered to pay the sum of <s>N</s>20,000.00 to the Claimant being her salary for November 2014.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:4.0pt; font-family:"Times New Roman","serif";mso-bidi-language:HE"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size:12.0pt; font-family:"Times New Roman","serif"">Also, in my view, this is one of those cases where the equitable jurisdiction of the Court must necessarily be called to aid, and the provisions of Section 19(d) of the National Industrial Court Act 2006 can be invoked. (See Section 13 and Section 15 of the National Industrial Court Act 2006). By the said Section 19(d) which deals with the power of the Court to make certain orders, the Court may and where necessary make any appropriate order, including an award of compensation or damages or costs in deserving circumstances. I find that the circumstances of this case is deserving of an award of cost to the Claimant. In the circumstance, I award cost of <s>N</s>100,000.00 in favour of the Claimant. </span><span style="font-size:12.0pt;font-family:"Times New Roman","serif";mso-bidi-language: HE"><o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">In the sum of this judgment, it is hereby ordered as follows:<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">1.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Defendant is hereby ordered to pay to the Claimant the sum of <b><s>N</s>20,000.00</b> being her salary for the month of November 2014. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">2.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Defendant is also hereby ordered to pay to the Claimant the sum of <b><s>N</s>100,000.00</b> being cost hereby awarded in her favour.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="margin-left:.5in;text-align:justify;text-indent: -.25in;mso-list:l0 level1 lfo2"><!--[if !supportLists]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">3.<span style="font-stretch: normal; font-size: 7pt; font-family: "Times New Roman";"> </span></span><!--[endif]--><span style="font-size: 12pt; font-family: "Times New Roman", serif;">The Defendant shall pay the above sums to the Claimant within 30 days from today, failure of which it will attract interest at the rate of 10% per annum until it is fully liquidated. <o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 4pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">Judgment is entered accordingly.<o:p></o:p></span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;"> </span></p> <p class="MsoNoSpacing" style="text-align:justify"><b><span style="font-size: 12pt; font-family: "Times New Roman", serif;">Hon. Justice O. Y. Anuwe<o:p></o:p></span></b></p> <p class="MsoNoSpacing" style="text-align:justify"><span style="font-size: 12pt; font-family: "Times New Roman", serif;">Judge</span><span style="font-size:12.0pt;font-family:"Times New Roman","serif";mso-bidi-language: HE"><o:p></o:p></span></p>