Stay Of Execution: Industrial Court Strikes Out Application For Lack Of Relevant Materials

• 2805 Thursday 7th February 2019

 

Portharcourt –His Lordship, Hon. Justice Polycarp Hamman of the National Industrial Court of Nigeria, Portharcourt Judicial Division on Monday 4th March 2019 in a ruling, struck out an application for stay of execution of the judgment of this Honourable Court delivered on the 26^th day of November, 2018 in a matter between DR. JOHN EMENIKE CHIKWE vs. UNIVERSITY OF PORT HARCOURT and 4 others for lack of relevant materials.

 

In an affidavit deposed to by Blessing Nwankwo, a litigation clerk in the Law Firm of the counsel to the Applicants on the grounds that there is a Pending Appeal against the judgment of this Honourable Court, delivered on the 26^th day November, 2018,  that the grounds of Appeal raised substantial issues of law which the Appeal Court is being called upon to determine.

 

In response to the Application, the Respondent argued that the Applicants have neither shown that they are not capable of paying the salary of the Respondent nor that the execution of the judgment of the court will make them incapable of prosecuting the appeal, or that it will render the appeal nugatory, urged the court to refuse the application and dismiss same with cost.

 

After careful evaluation of all the submissions and processes filed, the presiding Judge, Hon. Justice Polycarp Hamman stated that the mere filing of an appeal and an application for stay cannot operate as a stay of execution.

 

“I have looked at all the processes filed in respect of this application, and I cannot see any court process either from this court or the Court of Appeal indicating that the appeal has either been entered and given any appeal number, or that the records have been compiled and transmitted to the Court of Appeal.

 

“In the circumstance and for the reasons given above, I hold that this application lacks merit as the Applicants have failed to advance sufficient reasons to warrant the grant of the application.

 

“Consequently, the application fails and same is hereby refused and struck out for want of relevant materials." Hon. Justice Polycarp Hamman

 

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