...d Motion is dated and filed on 23/3/2024.The first Motion on Notice is praying this Honourable Court for the following reliefs:   (a)      “An Order of this Honourable Court granting leave to the Appellant/Applicant to appeal against the decision of the National Industrial Court of Nigeria, Uyo Division, delivered on October 17, 2023 by Honourable Justice M. A. NAMTARI in Suit No. NICN/UY/38/2018 to the Court of Appeal.   (b)  &nbs ...

... at the Nurses' House, Calabar Itu Highway on the 15th day of March, 2024 for the selection of a Caretaker Committee for the Akwa Ibom State Chapter of the National Association of Nigeria Nurses and Midwives was not invalid, null and void and of no effect whatsoever for failure to meet the quorum required by the Constitution for every business of the Association.   2.         Whether there was any justifiable reason for the setting up of a ...

...he fact that there is no Employer/Employee relationship between him and the 3rd Defendant."   The NPO is supported by a 10-paragraph affidavit and accompanied by a written address wherein three issues for determination were formulated to wit;   “Whether there is a cause of action against the 3rd Defendant in the suit before the Court.   Whether the suit is not frivolous and vexatious against the 3rd Defendant.   Whether the Claimant has Loc ...

...severally for the hardship, stress, depression, frustration and psychological trauma meted on the Claimant.   5.         Interest of the judgment sum at 6% per month from the date of judgment until judgment sum is fully settled.   6.         Cost of action assessed at N2,000,000 (Two Million Naira) only.”   The Complaint was accompanied with the Statement of facts, a Witness S ...

...th the Court and the defendant in the suit.   vii.      It is the Originating court process that confers jurisdiction on a Court and where such process is incompetent, it ousts the jurisdiction of such court to entertain the matter.   viii.    It is a condition precedent necessary to validate an originating process that it must contain the signature of either the claimant or the claimant's counsel.   ix.  &nb ...

...; An order of perpetual injunction restraining the Respondents either by themselves or any agencies, servants or privies from further re-arresting and/or detaining the Applicant on the facts and circumstances of this case. (e)      An order of this Court directing the 2nd – 4th Respondents to jointly or severally pay to the Applicant the sum of One Hundred Million Naira (N100,000,000.00) as damages and compensation for violating the Applicant's fundamental ...

...for the first time on 21/3/2023, thirty one (31) years after the Claimant received her Letter of Retirement from the Defendant dated 12th of May, 1992. Section 16 of the above cited law provides thus: “No action founded on contract, tort or any other action not specifically provided for in parts 1 and 11 of this law shall be brought after the expiration of FIVE YEARS from the date on which the cause of action accrued”. “Except where subsection (3) of this action appli ...

...ith Exhibits A and B attached. A Written Address was also filed to accompany the objection. It was averred in the affidavit in support of the (NOP1) that the Judgment Creditor filed a suit in this Honourable Court in 2017 and got judgment in his favour. But the Judgment Creditor did not mention any amount of money in the entire gamut of his suit. That a garnishee proceeding is only for the enforcement of a judgment having a judgment sum. That where there is no sum of money mentioned i ...

...endant’s refusal to issue the Claimant with a month notice before termination of the Claimant’s employment or payment in lieu of same in accordance with the terms of the employment was wrongful and amount to a breach of the contract of employment. iv)      A DECLARATION that the Claimant is entitled to the payment of the sum of N927,166.87 (salary for the month of December 2018) from the Defendant being payment in lieu of a month notice. v)   ...

...p;  An order of this court setting aside the purported summary dismissal of the Claimant from the service as expressed in a letter dated 10th September, 2018.   C.        A declaration that the Claimant is still in the employ of the Defendants, with full benefits and perquisites of the office which accrued.   D.        An order directing the Defendants to reinstate the Claimant to her status in ...

...mant stated that even though he was working, the Defendant never paid him his complete monthly salary as contained in his letter of employment. That he kept complaining to the Defendant and the Defendant promised to pay him the balance of his salaries but never did so even after he resigned in July 2018 in the wake of denial of access to his official email by the Defendant.  CASE OF THE DEFENDANT Conversely, the Defendant in her defence stated that the Claimant was at all materia ...

...led by the Claimant's counsel, a lone issue for determination was formulated to wit; “Whether the grant of this application is appropriate in the circumstance of this case” In arguing, Counsel referred to Order 13 Rules 4, and 14(3) and Order 7 Rules (1) and (9) of the Rules of this Court,  2017 and state that this court is empowered to grant this application.  Counsel also referred to Order 13 Rule 16 of the Rules of this Court and submit that where a defendant is a ...