...   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 ...

... that it is in the interest of justice to grant this application and in accordance with the Oaths Act.   3.     The defendants/applicants raised sole issue for determination, to wit: Whether the defendants/applicants are entitled to reliefs sought.   4.     It is the defendants/applicants’ submission that the collateral circumstance which this Court would look in granting this application for stay of execution is for the ...

...in defending himself and while discharging his duty as Special Assistant to the Governor on legal matter. c)     Whether the continued and unprecedented act of with holding refusing and showing insensitivity to the claimant’s plight in not paying him of his genuine expenses; his salaries and non-release of his documents/properties without recourse to the economic hardship imposed on him is a malicious act with intent to harm the Claimant’s socio-economic wellbeing ...

...sp; -                        Defendants                                 REPRESENTATION Chief T.J. Onomigbo OON, SAN with Nkiru E. Dozie and Oluwabusayo O. Akinmejiwa of Thompson Okpoko and Partners for the claimant Fred A. Okwesa ...