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Bayelsa---His Lordship, Hon. Justice B. A. Alkali of the National Industrial Court of Nigeria, Yenagoa Judicial Division on Friday 18th May in a ruling dismissed preliminary objection and order MR. V. O ADEFALA, MR. CERVELLIN ALBERTO; MR. LUCAS FABRO, TAGHAOFOSE JOHNSON, MR. JAVIES JOSUE ARIAS DELGADO (2nd to 6th Defendants) to be party to the suit MR. FESTUS ONYENWELU UBA VS. SAIPEM CONTRACTING NIGERIA LIMITED & 5 ORS.
The Claimant MR. FESTUS ONYENWELU UBA approached this court vide a Complaint dated 10th November, 2017 The Claimant’s claim against the Defendants among others; AN ORDER OF DECLARATION that the Redundancy and Termination of the Claimant’s employment as an Earth Moving Supervisor by the Defendants without considering his health condition as a result of the accident he had when performing his official duty is wrongful, unlawful, null, void and of no legal effect whatsoever.
The 2nd to 6thDefendants filed a Motion on Notice dated 18th February, 2018 and filed on the 26thFebruary, 2018 argued that It is trite that it is not to be permitted for a Claimant to pursue his remedy against a perceived Defendant whom he is not deserved to make a party to his case.
Further submitted that the 2nd to 6th Defendants have no interest in the subject matter of this suit and their absence will not in any way affect these proceedings urged that their names be struck out on the ground that they are not necessary parties in this suit as the Claimant does not disclose any reasonable cause of action against them.
After reviewing the argument of the parties, the Court Presided by Hon. Justice B. A. Alkali expressed thus;
“I have carefully read and understood all the processes filed by the Learned Counsels on either side, I also perused and analysed the averments contained in both the Supporting and Opposing Affidavits and the Written Addresses filed by both parties.
Furthermore, a necessary party to a suit is a party who is not only interested in the subject matter of the proceedings but also a party in whose absence the proceedings could not be fairly dealt with. Consequently without his being a party to the suit, the court may not be able to effectually and completely adjudicate upon and settle all questions involved in the suit.
In view of the foregoing facts as enumerated ab-initio, I resolved the lone issue for determination in favour of the Claimant/Respondent and hold that this suit has disclosed a reasonable cause of action against the 2nd to 6thDefendants which now made them proper parties in this suit. The Preliminary Objection is hereby dismissed for being unmeritorious. I ordered that this matter go into trial.
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