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His Lordship, Hon. Justice I. S. Galadima of the National Industrial Court of Nigeria, Owerri division in a judgment on Wednesday 7th March, 2018 dismissed a suit against PATRADE NIGERIA LIMITED filled by TELEMA EVANS WILLIAMS and others describing it as an abuse of court processes.
The claimants through their counsel G. IKECHI – JEFF, ESQ on the 17th day of February, 2015 filed an Originating Summons prayong for the following reliefs amongst others; an order of specific performance against the Defendant to carry out its part of the Federal Government (sic) directives and/or the agreement and covenants to the Claimants and/or for the payment of the minimum gross wage of thirty three thousand naira (N33,000) from 01/06/2008 to 31/12/2011 and thirty eight thousand naira (N38,000) only from 01/08/2011 to 31/12/2014 respectively per month and subsequent compliance and payment as (sic ‘at’) entry point on employment and renewable every two years being the subject of the Federal Government (sic) directives and for the agreement mentioned in prayer 1 above.
And an order that the Defendant pay to the Claimants each sums due as exhibited in the affidavit in support being the total sum of arrears of salaries due and owed to the Claimants from 01/06/2008 to 31/12/2014.
The Defendant entered a conditional memorandum of appearance on the 6th of May, 2015 and filed counter affidavit and a notice of preliminary objection to the Originating Summons.
On the 29th of October, 2015, the Claimant filed a counter affidavit to the notice of preliminary objection and a brief of argument. He also filed a further and better affidavit accompanied by written arguments.
The said affidavit dated 9th June, 2016 is of no legal value and consequence, and same is struck out forthwith.
Both Counsel, by order of this court, moved and adopted their various applications and processes, to wit, the Originating Summons and the Preliminary Objection on the 31st of January, 2018 and the case was adjourned to today for judgment.
After reviewing the argument of the parties, the Court Presided by Hon. Justice I. S. Galadima, had this to say:
On the whole, I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary points that arose in the cause of this suit.
From an analysis of the agreement itself, it is curious to note that under Clause 8, the life span of the purported collective agreement is but two years from the date of its signing.
It is obvious that the originating summons was already dead on arrival (DOA) at the time it was even filed in 2015. These Claimants cannot take any advantage of dead scrolls.
Arbitrarily speaking also, the claim itself is statute barred considering the provision of Section 16 of the Rivers State Limitation Law which specifies that actions on any contract obligations have to be filed within five years from the date the cause of action arose.
I am constrained to state that the originating summons basically filed seven years after the death of this instrument, was in fact, an abuse of this Court’s process.
On a note of finality, I shall not grant any of the orders sought in the originating summons based on the above reasoning. I find there is every need to dismiss the originating summons in its entirety forthwith.
Case dismissed.
Parties are to bear their respective costs.
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