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NIGERIAN DEPOSIT INSURANCE CORPORATION (NDIC) V. THE GOVERNING COUNCIL OF THE INDUSTRIAL TRAINING FUND AND ANOR.

(2011) JELR 43672 (CA)

Court of Appeal  •  CA/A/120/08  •  19 May 2011  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; JIMI OLUKAYODE BADA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
MR. H. O. AFOLABI for the Appellant with him are R. ISAMOTU, G. A. ASHAOLU, M. A. ADELODUN, KAUNA PENZIN and YUNUSA UMARU For Appellant MICHAEL BELLO with him is VICTORY ABEBE For Respondent

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court in Suit No. FHC/ABJ/CS/624/05 delivered on the 2nd day of August 2006.

The Respondents who were Plaintiffs at the trial Court commenced their action by way of Originating Summons dated and filed on 13th December 2005, seeking determination of the following reliefs against the Appellant who was the Defendant.

"(1) Whether by virtue of Section 6(1) of Decree 57 of 1971 as amended by Decree 50 of 1990 that the Defendant is statutorily mandated to register with the Plaintiffs and contribute to the fund.

(2) Whether by virtue of Section 14 of Decree 47 of 1971 as amended up to date, the Defendants falls within the category of employers that are liable to contribute to the Plaintiffs' fund.

(3) If the answers to questions 1 and 2 are in the affirmative, the Plaintiffs therefore seek the following reliefs:-

(a) A declaration that the Defendant is within the contempl…

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