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His Lordship, Hon. Justice Paul Ahmed Bassi of the National Industrial Court of Nigeria, Lagos Judicial Division on Monday 23rd April in a ruling delivered struck out application on leave to appeal the ruling of the court in a case of MR.OLOJEDE MAKINDE & 50 Ors (Respondent) V. CONSOLIDATED DISCOUNTS LIMITED (Applicant) for incompetency.
By an Application dated the 30th day of January 2018 and filed on the same day, the Defendant/Applicant is praying the court for AN ORDER staying further proceedings in this Suit pending the hearing and determination of the Applicant's motion on notice dated 26thJanuary 2018, pending before the Court of Appeal, wherein the Applicant is seeking amongst others, leave to appeal the ruling of this Honourable Court delivered on the 22nd January 2018.
In compliance with the Rules of Court, the Application was supported by an affidavit of 9 paragraphs and a written Address. On the 14th of February 2018, the Applicant also filed a further affidavit of 5 paragraphs in support of the Application with one Exhibit. The Claimant/Respondent in response filed 7 paragraph Counter Affidavit and a Written Address. Both counsel made submissions in support of their respective positions.
After reviewing the argument of the parties, the Court Presided by Hon. Justice N. C. S. Ogbuanya expressed thus;
I have carefully studied the position of the parties, the arguments of counsel and carefully reviewed all the authorities cited, read through all the relevant processes and digested the contention of counsel and their written submissions.
Rules of Court are meant to be obeyed and so they must be strictly followed. They bind all parties before the Court.
This court can only consider the merits of this Application where it has been shown that the requirements of Order 64 Rule 14 (1) have been complied with. I have carefully examined all the processes filed further to this Application and I find that this present Application has failed to comply with the mandatory provisions of Order 64 Rule 14 (1)(b)(c)(d) and (e) and therefore it is incompetent.
The Court would not go into the merits of whether or not to grant an incompetent Application.
The only option left to this court would be to strike out this application. This application is hereby struck out and the claimants are called upon to open their case.
Ruling is entered accordingly.
