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MR. KOLAWOLE OLANREWAJU JOHN V. SOLARD COMPREHENSIVE COLLEGE & MR OHWOBEYA SOLOMON

(2019) JELR 87508 (NICN)

National Industrial Court of Nigeria  •  NICN/LA/517/2018  •  12 Nov 2019  •  Nigeria

Coram
Hon. Justice (Dr.) I. J. Essien

Judgement

ESSIEN J (DELIVERING THE RULING): The claimant counsel filed a notice of preliminary objection on the 16th January, 2019 wherein he sought the following reliefs from the court;

1. An order of this honourable court dismissing in its entirety the suit herein above on the grounds that this honourable court lacks jurisdiction to hear and entertain this suit.

2. An order that this suit is incompetent, premature, frivolous, vexatious as and abuse of court process.

3. An order that this suit has no cause of action.

Alternatively,

4. An order, declaring that the claimant is not an employee of the defendant.

5. And for such further or other orders as the court may deem fit to make in the circumstances.

The grounds upon which the application is predicated are:

1. The court lacks jurisdiction.

2. The lack of contract of employment between the claimant and the 2nd defendant.

3. The suit is incompetent.

4. It is abuse of court process.

5. The writ of summons and all other court process was not served …

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