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Kano – Presiding Judge of the National Industrial Court of Nigeria Kano division, His Lordship, Hon. Justice E. D. Isele, has struck out the suit filed by Farouk Ado Salihi against Palladium International Development Nigeria Limited-Mnch2 for being instituted against a non-legal entity.
The court upheld the preliminary objection that the company sued is not the same entity as the Defendant against whom the suit was purportedly commenced.
The Claimant sought for a declaration that the act of the Defendant in dismissing him is unlawful and therefore null and void and an order of reinstatement amongst other pecuniary and declaratory reliefs.
The Defendant filed a notice of Preliminary Objection for An Order striking out the suit entirely for want of jurisdiction to entertain the suit as presently constituted on the grounds that the Claimant issued the Complaint against firm which is a non-juristic person, that the processes were issued against Palladium International Development Nigeria Ltd but were served on the Company known as Palladium International Development Nigeria Limited-Mnch2, which is not the same entity as the Defendant on record against whom this suit was purportedly commenced.
The Respondents maintained that the grounds relied upon by the Notice of Preliminary Objection could not hold water, urged the court to dismiss the objection.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice E. D. Isele expressed thus;
“The authorities so cited are clearly heavily stacked against the Claimant, and the manner of response in his legal argument did not respond adequately to the fulsome arguments of the objector in the written address in support of the Notice of Preliminary Objection at all.
“In these circumstances, this suit is hereby struck out and the sole issue formulated by the Respondent in his written address is determined against him.
“There is no further need to consider the 3rd issue, the Objector formulated for determination the suit having been commenced against a non-legal person.”
