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(2017) JELR 87536 (NICN)

National Industrial Court of Nigeria  •  NICN/EN/30/2017  •  16 Nov 2017  •  Nigeria

Hon. Justice I. J. Essien


ESSIEN J (DELIVERING THE RULING): The defendant/applicant by a notice of preliminary objection dated 20th October, 2017 and filed on the 31st October, 2017 sought amongst other an order

(1) striking out the claimant/respondent writ of summons and the accompanying processes as being in competent.

(2) An order setting aside the purported service of the originating process as defective

(3) an order striking out the suit for lack of jurisdiction for non compliance with the condition precedent to commencement of the suit against the defendant.

The grounds for the objection are as contained on pg. 4 and 5 of the notice of objection which I do not consider very necessary to re-produce again in this ruling. In support of the application is a 16-paragraph affidavit and a written address of the applicant counsel. 

In response to the notice of preliminary objection the claimant/respondent filed a counter affidavit dated and filed on 7th November, 2017 along with a written address in opposition to …

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