...r her Amended General Form of Complaint and Statement of Facts the following:   a)    A DECLARATION that the NOTICE TO ALL PERMANENT/CONFIRMED STAFF signed and dated 04.10.2016 and handed over to the Claimant and the subsequent acceptance of the temporary conversion of her permanent/confirmed employment to "Contract Employment" are null and void, same having been made under deceit, coercion, contrary to labour practices.   b)    A DECLARA ...

...oyee relationship or any dispute related thereto between the parties as at the time the cause of action in this suit arose and there is still no such relationship or dispute between them. The Defendant/Applicant Counsel argued that the National Industrial Court lacks jurisdiction to entertain this suit because it is purely a debt recovery matter, not an employment-related dispute. Counsel cited the cases of Ajah v C.O.P., Ebonyi State & Ors (2020) LPELR-51753 (CA), SCC (Nig.) Ltd & Anor v ...

...s, the Defendant/Applicant raised an issue for determination, to wit: whether this Honourable Court can grant this application. Counsel argued that by Order 26 Rules 1 and 2 of the Rules of the Court this Court has the requisite power to grant leave to the Applicant to amend its Statement of Defence. That this power ought to be exercised where enough materials have been placed before the Court – Xtodeus Trading Co v Vincent Trading Co. (1995) 5 NWLR (Pt. 412) 255.   4.  ...

... to wit: whether the Honourable Court has the power to grant this application. Arguing the said issue, Counsel referred the Court to Order 26 Rules 1(1), 3 and 5 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 that this Court has discretion to grant this application and that the Respondent will not be prejudiced by its grant. That the error of Counsel inadvertently made should not be visited on the litigant – Onyemelukwe v N.A.C.C (1995) 4 NWLR (Pt. 381) 44 at ...

...s of appeal are arguable, and also that they have shown special and exceptional circumstances.   4.  Counsel argued that the grant of an application for stay is discretionary but such discretion should be exercised judicially and judiciously. That special circumstance in this proceedings exists given the monetary factors and so as not to foist a situation of complete helplessness or render the Appellate Court’s decision nugatory, if the appeal succeeds – Amadi v Chukw ...

...wers are to be exercised judicially and judiciously – Clev Josh Ltd v Tokimi (2018) 13 NWLR (Pt. 1104) 422. That the Court should liberally consider and grant a timeous application to relist a suit earlier struck out – Odigwe v J.S.C., Delta State (2011) 10 NWLR (Pt. 1255) 254 at 281, E-F. Counsel argued that the greater interest of justice will be served by the grant of this application.   4.  In opposition to the Claimant/Applicant’s application, the 3rd and 5th De ...

...ng salaries owed by the 2nd Defendant to the Claimant for the months of February to July 2017.   b)    The sum of US$24,360 (Twenty-Four Thousand, Three Hundred and Sixty United States Dollars) being outstanding leave allowances for the 2014-2015; 2015-2016; and 2016-2017 leave cycles.   c)     The sum of US$3,300 (Three Thousand Three Hundred United States Dollars) representing payment for 10 leave days during the 2016-2017 leave ...

...r 2023 and further mentioned before this Panel on 22nd February 2024.  On the said 22nd February 2024, the panel ordered parties to file their briefs starting with the Appellant.  The matter was adjourned to 25th April 2024 to hear the appeal.  On the 25th April 2024, the Appellant had filed its brief of argument.  The 2nd Respondent informed the panel that it had filed a Notice of Preliminary Objection.  The matter was adjourned to enable the Appellant to respon ...

...t require further evidence. Counsel argued further that in addition to the Rules of Court, this application is also brought under the inherent jurisdiction of the Court which is the principle that allows Courts to deal with diverse matters over which they are thought to have intrinsic authority, such as (1) procedural rule making, (2) internal budgeting of the Courts (3) regulating the practice of law and (4) general judicial house keeping – Black’s Law Dictionary, 9th Edition, edited ...

...nd determination of the Applicant’s appeal to the Court of Appeal.   3.  The third prayer is the omnibus prayer, the grounds upon which the application is based are as set out on the face of the motion paper. The application is supported by an eleven (11) paragraph affidavit deposed to by one Tolani Oni, designated as a Litigation Manager, in the law firm representing the Judgment Debtor/Applicant. In its Written Address, the Applicant formulated this issue for determinat ...

...pute the gratuity/long service exit benefit of the Claimant and pay the Claimant within 2 weeks from the date this Honourable Court delivers its judgment in this suit. c)     AND SUCH FURTHER OR OTHER ORDERS as the Honourable Court may deem appropriate in the circumstances of this case.   4.     The Originating Summons is supported by a twenty-five paragraph affidavit deposed to by the Claimant, attached thereto are several documents ...

...ng the pendency of the medical negligence suit (NICN/LA/186/2018) before Honourable Justice Paul Bassi, in the peak of the corona virus pandemic, is a wrongful act of self-help to undermine, frustrate and interfere with the medical negligence suit? b)    Whether the termination of the Applicant’s employment without her contractual monetary entitlements and the subsequent deceitful false depositions made to the National Industrial Court in the unfair termination suit (NI ...