MAINSTREET BANK REGISTRARS LIMITED V. EVUKOWHIRORO ELEYEME PROMISE

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory ruling of the National Industrial Court presided over by HON. JUSTICE J. D. PETERS delivered on the 10th November, 2014 wherein the lower Court refused an application brought by the Appellant seeking amongst other reliefs an order of the Court to state a case to this Court on some questions.

The brief facts relevant to this appeal are that, the Respondent herein, filed an action against the Appellant for wrongful termination of employment and in the course of pleadings, the Appellant filed its Statement of Defence after which the Respondent filed a reply wherein she pleaded a document and accompanied it with a further statement on oath. The Appellant filed a motion to set aside the Reply on the ground that it raised a new issue and that the rules of Court do not allow her to file a reply. That the Appellant has no right of further reaction thereby breaching the rule of fair-heari…