...ssue that calls for determination is: “Whether this suit, having regard to the judgment of this Court in Suit No. NICN/AWK/47/2019, constitutes an abuse of Court process and is barred by the doctrine of estoppel per rem judicata”.   5.     The law on res judicata is settled. For the doctrine to apply, it must be shown that: a)     the parties in the two actions are the same or privies; b)    the subject matte ...

...he inherent jurisdiction of this Honourable Court.   2.     By the said Preliminary Objection, the 7th defendant/applicant prays this Court for an order dismissing the suit on the ground that this Court lacks the requisite jurisdiction to hear and determine the suit against the 7th defendant/applicant, and for such further or other orders as this Court may deem fit to make in the circumstances.   3.     The objection is founde ...

... An Order of Perpetual Injunction restraining the Defendants by themselves, their agents, servants and/or privies from interfering with the duties and functions of the Claimants in any manner whatsoever as the executive members of the National Union of Road Transport Workers (Heavy Truck Branch), Oleh, in Isoko South Local Government Area of Delta State. Cost of this suit.   THE CLAIMANTS’ CASE The case of the Claimants, as glea ...

... compelling the defendant to grant officers of the claimant access to the defendant’s total monthly payroll from July, 2011 up to date and thereafter for purposes of assessing the defendant of the minimum monthly contribution of 1.0 percent of the total monthly payroll from July, 2011 up to date and thereafter. An order directing the defendant to pay into the Employees Compensation Fund 40% of the total monthly payroll from July, 2011 up to date as penalty for default in failing to ca ...

...ant’s payroll, whether the Claimant may make its own estimate of the payrolls, assess and levy on that estimate and whether the Defendant is liable to pay the said estimate as a penalty for the default? If an employer within the context and meaning of the Employees’ Compensation Act, 2010, and considering the provisions of Section 39 (4) of the Employees’ Compensation Act, 2010, where the Defendant does not furnish complete and accurate particulars of the Defendant’s ...

...urportedly filed by one Obianuju Umeh (Nee Okeke) and others who allegedly represented the 2nd and 3rd Defendants, and that none of those counsel appeared in open court to adopt any written address, contrary to what was reflected in the judgment. It was further deposed that the Applicant had earlier petitioned the National Judicial Council against the trial Judge for alleged acts of misconduct, and that three letters of acknowledgment from the NJC were received Exhibits A, B and C as well as a q ...

...t is financially capable of paying all entitlements should the appeal fail.   FACTS IN SUPPORT The facts as deposed are briefly that the Claimant/Judgment Creditor was a staff of the Ministry of Education who was dismissed from service on 2nd April, 2013 following allegations of sexual harassment of female students. Judgment was delivered by this Court on 18th January, 2024 setting aside the dismissal, ordering his reinstatement, and directing payment of ...

... An Order directing the Defendant to pay the Claimant his outstanding sixteen (16) months’ salary arrears for his first tenure in office as a Member of the Anambra State Universal Basic Education Board (ASUBEB). An Order re-appointing the Claimant for a further period of four (4) years as a Member of the Anambra State Universal Basic Education Board (ASUBEB) in line with the provisions of Section 5(c) of the Anambra State Universal Basic Education Board Law, 2005. ...

... (as amended), with reference to paragraphs 3 and 4 of the supporting affidavit to the motion.    COURT’S DECISION I have carefully examined the affidavit in support of the motion, the written address of the Applicant, and the oral submission made by counsel to the 4th Defendant.   The preliminary issue raised under Section 115 of the Evidence Act merits consideration. Paragraphs 3 and 4 of the supporting affidavit contain ...

...fice.   The claimant further prays this Court for orders removing the said Governor and Speaker from office, compelling refund of all salaries and allowances paid to them, directing disbursement of state allocations to local governments, restraining the use of the State Joint Local Government Account, mandating the Federal Government to withhold allocations, and appointing the claimant himself to various offices, including membership of the Revenue Mobilisation All ...

...rom the plaintiff’s employer’s handbook.   An Order directing the Defendant to pay the claimant the sum of N530,040 (Five Hundred and Thirty Thousand, Forty Naira) as special damages, being the total sum of all expenses incurred by the claimant in the course of attending 4 (Four) disciplinary panel invitation and summarized below as follows: N13,000 (Thirteen Thousand Naira only) being cost of fuel bought from Popsy Oil and Gas Lt ...

...alternative, the sum of ?500 daily from 18th March 2020 until skin grafting is done. d)    The sum of ?10,000 (Ten Thousand Naira) for each day this matter comes up in court. e)     The sum of ?250,000 (Two Hundred and Fifty Thousand Naira) being salary arrears for five months (December 2019 to April 2020) at ?50,000 monthly, and continuing from May 2020 until judgment is delivered and executed. C.   General Damages: a.   ...

...alternative, the sum of ?500 daily from 18th March 2020 until skin grafting is done. d)    The sum of ?10,000 (Ten Thousand Naira) for each day this matter comes up in court. e)     The sum of ?250,000 (Two Hundred and Fifty Thousand Naira) being salary arrears for five months (December 2019 to April 2020) at ?50,000 monthly, and continuing from May 2020 until judgment is delivered and executed. C.   General Damages: a.   ...

...hereafter. 3.     An order compelling the defendant to keep at all times, with the claimant, complete and accurate particulars of the defendant’s payrolls from January, 2014 up to date and thereafter. 4.     An order compelling the defendant to compute/calculate and make a minimum monthly contribution of 1.0 percent of the total monthly payroll of the defendant from January, 2014 up to date and thereafter into the Employees Compensation Fun ...

...hereafter. 3.     An order compelling the defendant to keep at all times, with the claimant, complete and accurate particulars of the defendant’s payrolls from January, 2014 up to date and thereafter. 4.     An order compelling the defendant to compute/calculate and make a minimum monthly contribution of 1.0 percent of the total monthly payroll of the defendant from January, 2014 up to date and thereafter into the Employees Compensation Fun ...

...   THE CASE BEFORE THE BEFORE THE COURT The Claimant was employed by the Defendant as a Sales Executive by a letter of appointment dated 1st August 2023. His duties involved sourcing and distributing the Defendant’s products within Onitsha, Anambra State. The Claimant was placed on a probationary period. According to him, the Defendant provided a Sienna van which was faulty, previously used as an ambulance, and rejected by other employees. Upon his complaint, he was advi ...

...pendent National Electoral Commission (INEC), Staff Conditions of Service, Revised Edition October, 2007, were blatantly brazenly violated against the claimant when the defendants terminated the employment of the claimant without informing him exactly what he did wrong and not allowing him opportunity to defend himself of any alleged wrong. A declaration that it amounts to punishment without fair hearing when the claimant’s employment was terminated by the defendants without i ...

...t did not file any defence to this suit.   By leave of Court granted on 3rd November 2020 extending the time, the 4th defendants filed their memorandum of appearance and statement of defence filed 30th September 2020   At the trial, the claimant testified on his own behalf as CW and tendered 16 exhibits marked as follow: Letter of appointment- Exhibit CW1. Offer of Appointment- Exhibit CW2. Acceptance of Offer of Appointment- E ...

...dgment in default, and the Court may, where appropriate, enter judgment as may be just having regard to the reliefs claimed."   The import of this provision is that where a party fails to respond to the claimant’s pleadings, the court is empowered to enter judgment, subject to the justness of the reliefs claimed. However, this discretion is not automatic or mechanical. The claimant must still satisfy the court that the reliefs are legally competent and supported by credib ...

... Maduakolam know that the claimant holds a genuine Patent Certificate No:   RPNG/P/2016/415 jointly with the 2nd defendant as confirmed by the National Office for Technology Acquisition and Promotion (NOTAP); that his dismissal without following the due process prescribed under section 13 (1) (7) (vii & viii) of the 2nd defendant’s Senior Staff Conditions of Service violated his right to fair hearing.   That his dismissal based on the false allegations contained in the letter of ...

...nbsp;      An order for the payment of the sum of N200,000(Two Hundred Thousand Naira only) per month from the month of October 2020 when the claimant’s pension ought to have commenced to the date of the release of the claimant’s retirement letter.              An order for the payment of the sum of N11,250,000(Eleven Million, Two Hundred and Fifty Thousand Naira only being 25% (Twenty-Five perce ...

...lication. Counsel for the defendant/applicant further averred that by Order 57 Rule 4 of the National Industrial Court Rules, 2017, the Honourable Court is empowered to set aside any judgment obtained by fraud or orders made by the Court in error as being misled.    Furthermore, counsel argued that no consent judgment can bind in any form a party who has not been shown to have consented to it, and if it is discovered that the consent judgement had been obtaine ...

...rred that by Order 57 Rule 4 of the National Industrial Court Rules, 2017, the Honourable Court is empowered to set aside any judgment obtained by fraud or orders made by the Court in error as being misled.    Furthermore, counsel argued that no consent judgment can bind in any form a party who has not been shown to have consented to it, and if it is discovered that the consent judgement had been obtained by fraud or by misrepresentation, the judgment can be s ...

...peal to the Court of Appeal as required by law. The applicant has also filed the Notice of Appeal and these processes have been served on the respondents (sic).c)     That there is need to maintain status quo pending of the appeal.d)   The claimant/respondent is taking steps to execute the said judgment hence this application. 3.     The affidavit in support of the motion on notice indicates that judgment was delivered against the ...