...urnished to the Claimant an estimate of the probable amount of the Defendant’s payroll, whether the Defendant is liable to pay an estimated assessment as determined by the Claimant.   4.           Whether having regard to the combined provisions of Sections 33 (1) and 39(1) of the Employees' Compensation Act, 2010, the claimant is entitled to be furnished by the Defendant estimates of the probable amount of the Defendant’s pay ...

...nce on the 18/4/2018. Meanwhile the Claimant filed a reply to the Defendants' Statement of Defence.   It should be noted that the Defendants sought to join the Akwa Ibom State Government as the 3rd Defendant, but the Government was later struck out from the suit after filing a Preliminary Objection.   From his averment, the case of the Claimant is that he was employed by the first Defendant as a contract staff from 1st August 2014 to 31st July 2016 by an employment l ...

... Claimant forthwith and restore him to the position he was before the wrongful termination of his employment as well as payment of all his entitlements and emoluments from the period of his termination.   E.           The sum of ?5,000,000.00 (Five Million Naira Only) as cost of this action. Upon service of the Originating processes, the Defendant filed its memorandum of appearance and statement of defence via leave of Court ...

...etirement age having worked for 35 years. D.          An Order of this Honourable Court that the Claimant should be paid the sum of ?500,000,000.00 (Five Hundred Million naira) only as general damages for the hardship caused pursuant to the wrongful, unlawful and unconstitutional termination of the Claimant’s appointment.”   The Defendant, upon being served with the Originating processes filed its Memorandum of appearance, State ...

... for the surgery expenditure until 2nd February, 2017, however the said approval was never communicated to him hence he wrote the Defendant on 6th April, 2017 to seek treatment from traditional bone setters. Claimant averred that the approval of the surgery expenditure was only made known to him in July, 2017.   Claimant stated that the Defendant gave him sick leave for 2 weeks on 6/1/2017 and on 18/1/2017, while he was still on sick leave, he was transferred to Calabar, but he ...

...MISSIONS OF THE CLAIMANT  Learned counsel to the Claimant in his Written Address submitted a lone issue for determination to wit; “Whether this Honourable Court has the power to grant leave to amend the name of the defendant in the Complaint and other originating processes, where it is established that there was a misnomer”. It is the submission of counsel that a misnomer occurs when a party to a suit is incorrectly named in the Court process, but there is no doubt as to ...

...ismissed with cost.” Upon service of the (NPO), the Claimant on 14/5/2025, filed a Motion on Notice which is the subject of this ruling praying for the following reliefs:- “*        AN ORDER of this Honourable Court granting leave to the Claimant/Applicant to amend its Originating Summons filed on the 4th of April, 2025 in the manner set out in the Proposed Amendment attached and marked as Exhibit "A" to the Affidavit in support hereof.   ...

... Oath dated 28th May, 2019 and tendered Exhibit QS1a & b. DW1 was cross-examined by the Claimant’s counsel and as there was no re-examination, the case of the Defendant was closed and the matter was adjourned for adoption of Final Written Addresses.  CLAIMANT'S CASE  From the averred facts and the testimony of the Claimant, his case is that he was a contract staff of the Defendant and while on duty on 4/3/2019, he was assaulted and given multiple heavy slaps by one Mr. Ibra ...

...spect of such allegation; without informing the Claimant of the constitution of any Disciplinary Committee (DC) to try the offence; without inviting the Claimant to appear before the DC and without affording the Claimant the right to be heard before the DC amounts to a breach of the Defendant's Policies and Procedures Manual and the Claimant's Fundamental Human Rights to fair hearing guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria as amended and also ...

...  3.        Cost of action.”   The Defendant upon being served with the originating processes, filed its Statement of defence and other accompanying processes on 24/10/2019 via leave of court granted on 18/11/2019. The claimant then filed a Reply to the Statement of defence on the 25th November, 2019.   CLAIMANT’S CASE   It was the Claimant's case that he was employed as a sailor in the Defendant company via a letter of employment d ...

...plinary actions taken against the Claimant without due compliance/regard to the Claimant’s right to fair hearing is unlawful and a gross violation of his right to fair hearing.   5.        AN ORDER of the Honourable Court setting aside and/or nullifying the purported letter of apology which was given to the Claimant to copy and that which he has written under duress and for a promise of reward before receiving his promotion letter.   6.       ...

...y, ?185,735.08 as monthly pension with effect from 1st September, 2012 to June, 2018 and ?258,539.08 as unpaid salary for the month of May 2012.   e)        A declaration that the unwarranted deduction of ?155,255 from claimant's monthly pension from September, 2012 till date on the ground that the Claimant has exceeded her expected years of service is baseless, illegal, null and void.    g)       An order of the Honourable Court directi ...

...y, ?185,735.08 as monthly pension with effect from 1st September, 2012 to June, 2018 and ?258,539.08 as unpaid salary for the month of May 2012.   e)        A declaration that the unwarranted deduction of ?155,255 from claimant's monthly pension from September, 2012 till date on the ground that the Claimant has exceeded her expected years of service is baseless, illegal, null and void.    g)       An order of the Honourable Court directi ...

...n from my salary to my retirement savings account by my employer) from January 2021 till judgment is delivered.    9.        Five Hundred Million Naira damages jointly and severally against both Defendants for:   a.        Discrimination    b.        Unlawful termination of employment.”   The Defendants upon receipt of the originating processes, reacted by filing their Joint Statement of ...

...n from my salary to my retirement savings account by my employer) from January 2021 till judgment is delivered.    9.        Five Hundred Million Naira damages jointly and severally against both Defendants for:   a.        Discrimination    b.        Unlawful termination of employment.”   The Defendants upon receipt of the originating processes, reacted by filing their Joint Statement of ...

...t before Igbosere Magistrate Court, Lagos State on grounds of a complaint from the defendant to the police, and the application to withdraw same, and indeed the withdrawal of the charge at the instance of the Defendant, after the Claimant had been arraigned, remanded in prison custody, granted bail and trial already commenced with Prosecution witnesses already testifying, was only a ploy to provide a cover to unlawfully dismiss the Claimant as against the laid down process and procedure f ...

...ant and unfair labour practice. iv        AN ORDER DIRECTING the Defendant to pay the Claimant within 7 days all his monthly salaries, all allowances and Employer/Defendant’s Contributory pensions at 10% of the Claimant’s monthly salaries from April 2014 till the date of judgment: OR  v.         AN AWARD of cost of this suit in the sum of N1,000,000 (0ne Million Naira) against the Defendant for its will ...

...h was to commence from 1/11/2013 and expire on the 30/11/2013, but she was informed by the Director of Finance and Accounts (DAF) that the leave would be deferred in accordance with the Defendant's Conditions of service.   That the Claimant on 11/11/2014, received a deployment letter but concluded her hand over exercise on 17/11/2014. The Claimant again on 11/11/2014 requested her 2013 annual leave to be deferred with effect from 18/11/2014. However, she received a message for ...

...d and Forty Five Thousand, Four Hundred and Twenty Five Naira) only, being total amount of unpaid salaries owed the Claimant by the 1st Defendant in 2020.   5.         21% interest per month on the unpaid salary of N145,425.000 (One Hindered and Forty Five Thousand, Four Hundred and Twenty Five Naira) only from October, 2021 till judgment is delivered in this suit.   6.         The sum of ...

...d Motion is dated and filed on 23/3/2024.The first Motion on Notice is praying this Honourable Court for the following reliefs:   (a)      “An Order of this Honourable Court granting leave to the Appellant/Applicant to appeal against the decision of the National Industrial Court of Nigeria, Uyo Division, delivered on October 17, 2023 by Honourable Justice M. A. NAMTARI in Suit No. NICN/UY/38/2018 to the Court of Appeal.   (b)  &nbs ...

... at the Nurses' House, Calabar Itu Highway on the 15th day of March, 2024 for the selection of a Caretaker Committee for the Akwa Ibom State Chapter of the National Association of Nigeria Nurses and Midwives was not invalid, null and void and of no effect whatsoever for failure to meet the quorum required by the Constitution for every business of the Association.   2.         Whether there was any justifiable reason for the setting up of a ...

...he fact that there is no Employer/Employee relationship between him and the 3rd Defendant."   The NPO is supported by a 10-paragraph affidavit and accompanied by a written address wherein three issues for determination were formulated to wit;   “Whether there is a cause of action against the 3rd Defendant in the suit before the Court.   Whether the suit is not frivolous and vexatious against the 3rd Defendant.   Whether the Claimant has Loc ...

...severally for the hardship, stress, depression, frustration and psychological trauma meted on the Claimant.   5.         Interest of the judgment sum at 6% per month from the date of judgment until judgment sum is fully settled.   6.         Cost of action assessed at N2,000,000 (Two Million Naira) only.”   The Complaint was accompanied with the Statement of facts, a Witness S ...

...th the Court and the defendant in the suit.   vii.      It is the Originating court process that confers jurisdiction on a Court and where such process is incompetent, it ousts the jurisdiction of such court to entertain the matter.   viii.    It is a condition precedent necessary to validate an originating process that it must contain the signature of either the claimant or the claimant's counsel.   ix.  &nb ...