MAINSTREET BANK REGISTRARS LIMITED V. MR. UDOH FRIDAY ETIM

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal is interlocutory, arising from the Ruling of the National Industrial Court, Lagos Division, delivered on the 26th of November 2014, in Suit No.NICN/LA/513/2013. The respondent herein, was the claimant at the National Industrial Court, and the originating processes were filed on the 26th September, 2013. The appellant herein, was the respondent and it filed its defence to the claim. Thereafter, the then claimant filed a Reply. As the defendant was opposed to it, he filed a Motion dated the 24/1/14 to strike it out. He argued the Motion on the 5th of March 2014 (page 237 of the record). The Court on the same date, refused the application, holding that it was competent. The case was then adjourned to the 27th of May, 2014 for hearing, with consent of both counsel. On the resumed date of 27th May 2014 for hearing, the defendant and his counsel were both absent, but a letter was written to the Court praying for ad…