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[Trending] Lagos Limitation Law no longer applicable to Contract of Employment---Industrial Court Rules



Lagos---His Lordship, Hon. Justice Isaac Essien of the National Industrial Court sitting in Lagos has dismissed the preliminary objection filed by First Bank of Nigeria challenging the court jurisdiction to hear matter brought by Mrs Lilian Akumah seeking a court order on an alleged unlawful termination of her employment contract and alleged refusal to pay her purported benefits.

 

The court held that the provision of S. 8(1)a of the Limitation Law of Lagos State, has no application to the contract of employment between the parties, therefore, the matter is not statute-barred.

 

From facts, the defendant/applicant counsel by a notice of preliminary objection brought pursuant to section 8(1) (a) of the Limitation Law Cap L67 Laws of Lagos State 2003, sought an order of the court dismissing and or striking out the suit on the grounds that the cause of action is irreparably statute-barred having been extinguished pursuant to Section 8 (a) of the Limitation Law. Cap.  L67, Laws of Lagos State, 2003 among others.

 

Counsel to the applicant maintained that by virtue of the express provisions of 8 (1)(a) of the Limitation Law of Lagos State, the limitation period for commencing the matter elapsed on or about the 21 October 2014 and the claimant’s cause of action accordingly became extinguished and barred with effect from that date thereby depriving the Court of the jurisdiction and competence to entertain the suit.

 

Delivering the ruling, Hon. Justice Isaac Essien held that the provision of S. 8(1)a of the Limitation Law of Lagos State, has no application to the contract of employment between the parties and dismissed the preliminary objection.


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