The subject matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising jurisdiction.ī. ‘The essential elements of the exercise of jurisdiction are:-Ī. Counsel also refers to the case of Odofin V Agu (1992) 3 NWLR (Pt.229) 350 354, where essential elements of jurisdiction were stated as follows:. And defect in competence is fatal for the proceedings are null and void ab initio no matter how well conducted or decided.ĩ. Counsel while relying on the case of Emuze V Vice-Chancellor (2008) MJSC 1, submitted that jurisdiction is foundation of adjudication, if court lacks jurisdiction it also lacks necessary competence to try the issues before it. Counsel argued the twin issues together by answering the first issue in the negative and the second issue in the affirmative.Ĩ. Whether the forms of complaint issued in this suit is incompetent and constitutes an abuse of court or judicial process for failure of claimant/respondent to have brought his application for compensation outside the statutory period for applying for compensation in contravention of section 6 of the employees’ compensation Act, 2010.ħ. In all circumstances of this case having regard to the facts in the statement of material facts of the claimant, the facts in the statement of 1 st and 2 nd defendants together with all documents pleaded and forming parts of record of this Honourable court and the facts in support of 2 nd defendant/applicant’s objection herein, this Honourable court has jurisdiction to hear and determine claimant/respondent’s claim against 2 nd defendant in this suit? OrĢ. In the written address twin issues were formulated for determination, they are:-ġ. Counsel also adopted the written address as his argumentĦ. In oral adumbration before the court counsel for the 2 nd defendant relied on the depositions contained in the affidavit in support. The application was accompanied by a 15 paragraphs affidavit and a written address. And an abuse of process of this Honourable Court and the interest of justice will best be served by striking out the suit against the 2 nd defendant or in the alternative striking out the name of the 2 nd defendant from this suit with substantial cost.ĥ. This suit as constituted against the 2 nd defendant is frivolous. An adjudication of this suit shall result in a nullity.į. There is nowhere in the entire 32 paragraphs averments of Statement of Material Facts and 55 paragraphs deposition of the Witness Statement on oath where the claimant specifically makes any complaint against the 2 nd Defendant requiring the reliefs he seeks against the 2 nd defendant.Į. A fortiori to sub-paragraphs 2 (a) and (b) above the Forms of Complaint issued in this suit is null and void.ĭ. A precondition to the accrual of cause of action was not met and the application for claim for compensation was made in gross violation of section 6 of the Employees Compensation Act, as the claimant’s application brought his application for compensation outside the mandatory statutory period prescribed tor making application (or compensation.Ĭ. The Claimant from a dispassionate consideration of the averments of his Statement of facts, has no cause of action against the 2 nd defendant having pleaded in paragraph 31(b) and (g) of his Statement of Material Facts and deposed in paragraphs 19, 44, and 49 of his Witness Statement on Oath to facts of the liability of the 1 st defendant and absolving the 2 nd defendant.ī. The application is praying this Honourable court to strike out this suit for lack of cause of action or in the alternative striking out the name of the 2 nd defendant from this suit.Ī. The application was brought pursuant to order 13 rule 6(2) order 17 rule 18 order 18 rule 2 (1) and (2) of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017 and under the inherent jurisdiction of the court.ģ. The motion was filed by the 2 nd defendant to challenge the competency of this suit on ground of lack of cause of action.Ģ. This deal with a motion on notice dated and filed on. The Board of Nigeria Social Insurance Trust Fund … defendant/applicantġ. Port Harcourt Electricity Distribution Company Ltd defendant/respondentĢ. IN THE NATIONAL INDUSTRIAL COURT OF NIGERIAīEFORE: HONOURABLE MR.
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