judy.legal
Login Register

H.R.H. DR. ANIKWE JOSEPHAT UCHENNA v. UNIVERSITY OF NIGERIA, PROF. BENJAMIN OZUMBA, PROF. EMMANUEL EZEANI & PROF. NOBLE NWEZE

(2018) JELR 87502 (NICN)

National Industrial Court of Nigeria  •  NICN/EN/39/2017  •  17 Apr 2018  •  Nigeria

Coram
Hon. Justice I. J. Essien, Ph.D

Judgement

ESSIEN J (DELIVERING THE RULING): The defendants in this suit by a notice of preliminary objection dated the 12th day of October, 2017 and filed on the 19th October 2017 sought an order striking out this suit for being incompetent and as such this court lacks the jurisdiction to entertain it. The grounds of the objection are stated in the motion paper.  While moving the court on the 7th March, 2018, the defendant/applicant withdrew ground No 1 of the objection and urged the court to discountenance the argument made in respect of the said grounds. This leaves this court with only 2 grounds which are:

a)  That the 2nd to 4th defendant being the agent of a disclosed principal, they cannot be joined as parties to this suit.

b)  That this suit is statute barred for being in violation of the Public Officers Protection Act Cap. P41 LFN. 2004.

In response to the preliminary objection the claimant counsel filed a reply on point of law on the 9th November, 2017. The defendant also filed a reply on…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login