Back

The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

LIVE Proceeding VIRTUAL COURT

News


Stay Of Execution: Industrial Court Dismisses Application Against Award Of Judgment Sum For Lacking Merit


1029 Friday 8th February 2019

 

LagosHon. Justice I. J. Essien of the National Industrial Court of Nigeria, Lagos Judicial division on Thursday 7th February 2019 in a ruling dismissed the application for stay of execution filed by Negris Ltd  & 1 OR (judgment debtor) for lacking merit.

  

The judgment debtor by a motion on notice filed on 15/10/2018 sought from An order of stay of execution of the judgment of this court delivered on the 28/9/2018 delivered by Hon. Justice N.C.S. Ogbuanya pending the determination of the Appeal on the grounds that the judgment debtor/Applicant has filed an Appeal which discloses cogent an arguable grounds of appeal, also that the judgment debtor will suffer serious and substantial financial loss which will cripple the judgment debtor and his business.

 

The Judgment Debtor/Applicant Counsel in his written submission argued that the court ought to stay the execution of judgment to preserve the res.  He also argued that because the appeal section of this court has compiled and transmitted the record, this court ought to stay the execution of this judgment. 

 

In his response, the judgment creditor counsel argued that it is not the law that a court would deny the successful party the fruit of litigation.  He argued that the motion for stay filed in the Court of Appeal has no leg upon which it can stand. 

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice I. J. Essien expressed thus;

 

“It is not in dispute that in this country, it is the Notice of Appeal that is the initiating process of an appeal. 

 

“There is nothing before this court that shows that the judgment debtor/applicant had obtained the leave of the Court of Appeal before filing the Notice of Appeal.  This court cannot assist the applicant to flout the mandatory condition precedent to filing an appeal from the decision of this court as contained in S. 243(2) of the constitution.

 

“In view of the above-elucidated provisions of law, this court will refuse to grant even a conditional stay.  The prayer contained in the motion paper is hereby refused.  Accordingly, this application fails and is hereby dismissed.”

 

For Full Ruling, Click Here