Peter Agborume v I.t.b. Nigeria Limited
Judge | Justice J.d Peters |
Judgment Date | 19 February 2015 |
Respondent | I.t.b. Nigeria Limited |
Appellant | Peter Agborume |
Docket Number | NICN/LA/203/2014 |
Counsel | E. N. D. Anopueme for the Claimant P. O. Okoro for the Defendant |
Court | National Industrial Court (Nigeria) |
The Claimant, by a General Form of Complaint dated 6/5/14 approached the Court for the following reliefs -
1. The sum of N6,000,000 only as general damages for wrongful termination of his employment by the Defendant as there was no legal notice and no concrete reason proffered by the Defendant for terminating his employment whatsoever and howsoever.
2.
• Ten years benefits N596,764.48
• Ten years award television N 25,000.00
• Ten years award basic salary N 24,845.94
• Notice in lieu of termination N24,845.94
• Leave Allowance N 24,845.94
• APRIL N 87,500.45
• May N 88,200.00
• June N 72,884.12
• July N 72,884.12
• August N 41,082.35
• Repatriation N180,000.00
TOTAL N1,237,852.72
The Complaint was accompanied by a statement of facts, list of witness, list of documents, Claimant’s statement on oath and copies of the documents to be relied upon at the trial. Defendant entered appearance on the 5th June,2014, and filed a Notice of Preliminary Objection. The Notice of Preliminary Objection was dated 2nd June, 2014 and filed on the 5th June, 2014. It was for an Order of Court striking out the suit in its entirety as the General Form of Complaint dated 6th May, 2014 is incompetent and that the Court lacks jurisdiction to entertain same. The grounds upon which the said application was brought are as follows -
1. The Originating Process to wit; General Form of Complaint dated 6th of May, 2014 was not signed in compliance with Order 6 Rule 1(2) of the Rules of this Court.
2. The General Form of Complaint was not signed by either the Claimant himself or the Legal Practitioner.
3. The suit is incompetent and this Court lacks jurisdiction to entertain same.
In his written address in support of the Notice of Preliminary Objection, learned Counsel set down the following two issues for determination -
a) Whether the unsigned General Form of Complaint dated 6th May, 2014 contrary to the provision of Order 6 Rule 1(2) of the Rules of this Court is a valid and competent process before the Court capable of evoking the jurisdiction of the Court.
b) Whether the Honourable Court has jurisdiction to entertain an incompetent suit.
In arguing both issues together, the learned Counsel submitted that the issue of jurisdiction is fundamental and a legal prerequisite in the adjudication of any matter and that when a Court does not have jurisdiction to entertain a suit before it, the entire proceedings no matter how well conducted or brilliantly decided...
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