...affidavit are two Exhibits. Accompanying the application is a written address of counsel. The Claimant/Respondent filed a six (6) paragraph Counter Affidavit deposed to by one Prince Damola Seriki, solicitor to the Claimant, on 10th September, 2024, and accompanied by a written address of counsel.   SUBMISSIONS OF DEFENDANT/APPLICANT’S COUNSEL Applicant’s counsel submitted the following issues for determination to wit; 1.Whether this Honourable Court ought not dism ...

... marked EXHIBIT ML-4 in order to clarify issues and for the proper determination of the real questions in controversy in this suit. 5.     AN ORDER of this Honourable Court deeming the said EXHIBIT ML-1, EXHIBIT ML-2, EXHIBIT ML-3 and EXHIBIT ML-4 already filed and served on the Defendant/Respondent as having been properly done in the circumstance. 6.     AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circ ...

...ATION 2. CHIEF OF ARMY STAFF         --         --         --         --         --         (DEFENDANTS)         JUDGMENT 1. INTRODUCTION The plaintiffs (otherwise in this court claimants) took out this action agai ...

...ATION 2. CHIEF OF ARMY STAFF         --         --         --         --         --         (DEFENDANTS)         JUDGMENT 1. INTRODUCTION The plaintiffs (otherwise in this court claimants) took out this action agai ...

... the instant motion is different from the one heard and dismissed and he urged the court to hear and grant the instant motion.   I have carefully read through the motion paper alongside the accompanying written address of counsel. I have equally read over again the motion filed on 12/2/2026 decided upon by this court on 2/3/2026 and listened to the applicant’s counsel. It is worthy of note that this court had earlier decided similar fate of an application in NICN/LA/244/2023 B ...

...nt’s List of Witnesses, Defendant Witness Statement on Oath, Defendant’s list of documents and the front frontloaded copies of the documents. The claimant, however, by leave of court filed his Reply to the defendant’s Statement of Defence and Defence to Counter Claim on 16/9/2025 accompanied with witness statement on oath. The defendant/counter claimant however, in this case filed Counter-claimant’s Reply to Defence to Counter-Claim on 9/10/2025 together with additional witness ...

...nce, outside the jurisdiction of this Honourable Court. The Applicant was not served with the originating process in this suit in the manner prescribed by the Rules of this Honourable Court, particularly, in accordance with the provisions of Order 8 Rule 7 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, requiring the service of the translated process in the language of the country of the Applicant. The originating processes through which the 1st Respondent in ...

...payment in lieu of notice pursuant to paragraph 8.12 page, 26 & 27 of the defendant’s Hand Book. An order for payment of the claimant’s full emolument in the sum of N517,000.00 in the month of her wrongful disengagement.  An order for payment of N17,800.00 compensation pursuant to Section 19 of the National Industrial Court Act 2006 for wrongful termination of employment which is against International Best Practice as expressed in ILO convention 158 Article 4. An ...

...contends that upon his exit, the Defendant failed to return, vandalized, and carted away various office equipment and properties entrusted to him, as itemized in a Handover Note dated 28th May 2001.   TRIAL To establish its claims, the Claimant called a single witness, Mr. Livinus Okwonu, the General Manager of Personnel, who testified as CW1. CW1 adopted his Witness Statement on Oath sworn to on the 10/7/ 2023 and adopted on the 17/2/2025. The testimony of CW1 focused on the Claimant&rs ...

...out or substitute or vary the name of a claimant or defendant may be made to court by motion on notice Counsel submitted that an important aspect of the due diligence is required of a party approaching a court to ensure that the matter is brought against the proper party and that the party named on the originating process is a juristic person. However, for various reasons, it often happens that the name of a party on the court processes is unknown to law, in other words, a non-juristic person. ...

... defence. The Claimant on 24th November 2023 filed her Reply to the Defendant’s Statement of Defence and pleadings were closed.  It should be noted that proceedings in this case commenced before Hon. Justice (Prof), Elizabeth A. Oji. However, the case was transferred to this Court whereby trial started denovo on 13th May, 2025, hence this judgment.   CASE OF THE CLAIMANT The Claimant’s case as can be gleaned from the averments is that she was employed by the defendant a ...

...all the written submissions of counsel on both sides. What I discovered is simply that the applicant is seeking to set aside the Garnishee Nisi order made by this court against the Judgment Debtor/Applicant and also to stay the execution of the judgment of this court described above on the ground that the applicant has filed a motion for extension of time to appeal the judgment of this court as well as a motion for stay of execution on this premise. The respondent objected to the motion on groun ...

... both sides. What I discovered is simply that the applicant is seeking to set aside the Garnishee Nisi order made by this court against the Judgment Debtor/Applicant and also to stay the execution of the judgment of this court described above on the ground that the applicant has filed a motion for extension of time to appeal the judgment of this court as well as a motion for stay of execution on this premise. The respondent objected to the motion on grounds stated and relied upon in the counter- ...

...directing the Defendant to pay the Claimant the sum of N120,000.00 (0ne Hundred and Twenty Thousand Naira Only) being the unpaid salary of the Claimant as adjudged by the Defendant for the month of April, 2021 and March, 2022 respectively. An Order of this Honourable Court directing the Defendant for the immediate payment of the monthly salary of the Claimant in the sum of N120,000.00 (0ne Hundred and Twenty Thousand Naira) only from April, 2022 till date of the Judgment of ...

... it is apposite to state that the circumstances enumerated in the case are exclusive and not conjunctive in considering the application of this nature. Counsel went further to commend the case of MARTINS v NICANNER FOODS CO. LTD (1988) 2 NWLR Pt 74 P. 75 @ 83 where the Supreme Court granted stay that was earlier refused by the two lower courts solely on the ground that the issue was substantially arguable and in an area of law which was to some extent recondite; and where either side c ...

... it is apposite to state that the circumstances enumerated in the case are exclusive and not conjunctive in considering the application of this nature. Counsel went further to commend the case of MARTINS v NICANNER FOODS CO. LTD (1988) 2 NWLR Pt 74 P. 75 @ 83 where the Supreme Court granted stay that was earlier refused by the two lower courts solely on the ground that the issue was substantially arguable and in an area of law which was to some extent recondite; and where either side c ...

...ch, 2022. AN ORDER that the Claimant is deemed to be in the Defendant’s employment from the period of his employment till the final determination of this suit and is entitled to his full salaries and allowances from the period of April, 2021 until his employment with the Defendant is properly terminated accordingly. An Order of this Honourable Court directing the Defendant to pay the Claimant the sum of N120,000.00 (0ne Hundred and Twenty Thousand Naira Only) being the unpaid sal ...

...Counter Affidavit is a written address of counsel and reply on points of law. The Defendants’ counsel filed a reply on points of law to the Claimant’s Counter Affidavit on 25/3/2026.   SUBMISSIONS OF THE DEFENDANTS/APPLICANTS COUNSEL The Defendants/Applicants counsel raised the following issues for determination to wit; 1.     Whether considering the circumstances of this suit, this Honourable Court has the jurisdiction to entertain this suit. ...

...pondences of various type. Claimant avers that various acts of the defendants constitute deliberate extreme misconduct deserving of full condemnation and punishment as the defendants disregarded the claimant’s and his family’s wellbeing and livelihood because the conduct is not only unconscionable and oppressive but demonstrate the highest level of unfair labour practice against him.  Claimant wherefore, claims against the defendants jointly and severally the following: -  ...

...n the scheduled date for defence, counsel for the defendant filed two other separate Motions again and served the claimant’s counsel instantly in court. The two separate motions filed are:  (1) A motion seeking for amendment of the statement of defence; and  (2) A motion seeking to recall CW1 who had testified, cross-examined and claimant’s case closed.  Flowing from the aforesaid proceedings, the matter was further adjourned to 7/5/2026. Still Counsel for the defen ...

...ira, Seventy-Seven Kobo) being the total amount due to our Client as incentives, allowances and benefits for the period up to 20th February 2014 when he was forced to resign his appointment with the Defendant. f)      The sum of N5,000,000.00 (Five Million Naira) as the Cost of this suit The defendant upon being served obtained leave of this court and entered a conditional appearance along with its statement of defence and counter claim accompanied with othe ...

... special damages for the psychological and emotional trauma suffered-@ N20,000,000. 12. Award of general damages as compensation for the ill-treatment of premature retirement.@ N20,000,000. 13. Cost of the litigation And for such other or order (s) as the Honourable Court may grant in the circumstances.   In respond, the defendants, with leave of this court, filed their joint statement of defence alongside with other necessary processes dated 6/7/2023. The Claiman ...

... and to prevent a miscarriage of justice. This application is made in the interest of substantive justice and will not occasion any prejudice to the Defendant/ Respondent, as parties have both joined issues on the subject. The Claimant/Applicant is willing to abide by any conditions this Honourable Court may impose, including allowing the Defendant/Respondent an opportunity to respond or cross-examine on the subject document if necessary. That the failure to include the said State ...

...rsquo;s organization. Claimant stated that by a Notice of Temporary Lay-off dated 29 October 2020, the Defendant requested the Claimant to stay at home without pay on the ground that the Defendant was renovating its Jakande, Lagos complex, being the outlet to which the Claimant was deployed at the time. Claimant further stated that by the mutual agreement of the parties, the temporary lay-off was to lapse on 31 December 2020, upon which the Claimant resumed duties with the Defendant. Although ...