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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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[Just In] Industrial Court dismisses case against Lagos Polytechnic, awards cost


1746 Friday 8th May 2020

[Just In] Industrial Court dismisses case against Lagos Polytechnic, awards cost

His Lordship, Hon. Justice Elizabeth Oji of the National Industrial Court, Lagos Judicial Division has dismissed the suit filed by Rev. Anthony Osinowo against Lagos State Polytechnic, awarded the sum of 50,000 Naira in favour of the Institution.


The Court held that the Rules of the Court which enables the Rev. Osinowo to withdraw or discontinue an action also provides for the cost and has not shown why it should not be granted.  


From facts, the Claimant had sought for An Order directing the Defendant to pay the sum of 5,597,490.80 being the balance outstanding on the gratuity of the Claimant based on the July 2009 salary increase, and Order of Perpetual Injunction restraining the Defendant from stopping or withholding or otherwise tampering with the Claimant’s pension and gratuity (entitlement) among others.


In response, the Defendant –Lagos State Polytechnic filed Defence and a Notice of Preliminary Objection on 15th March 2019 and the claimant was duly served with all processes.   


On 24th October 2019, the Claimant filed a Notice of Discontinuance and was brought to the attention of the Court.  


Learned Silk, Counsel for the Defendant sought to address the Court on cost against the claimant and brought an application for an order for costs indemnifying the Defendant against legal cost incurred in relation to the proceedings on the ground that costs can be awarded on an indemnity basis that the Defendant had been put to substantial expenses.      


However, Claimant’s Counsel made an oral submission that a party can withdraw at any time after which no further application can be taken on it urged the Court to dismiss the application for being incompetent.


Delivering the ruling, the presiding Judge, Justice Oji held that the court has unfettered discretion to grant cost against any party as empowered under Order 55 Rule 1 of the Court that a successful party has a reasonable expectation of being awarded cost against the unsuccessful party by virtue of Order 5 Rule 5.


“The Defendant, in this case, has caused appearance to be entered on its behalf; it has filed its defence processes and a preliminary objection, and it has engaged Counsel.  In consideration of all these, I find that there is merit in this application.” Justice Elizabeth Oji.


Justice Elizabeth Oji also ruled that the ruling applies to the seven sister cases separately, as was agreed by Counsel on behalf of parties and adopted during the proceedings.

 

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