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OJEPA JIBRIL ABDUL v. XL HUMAN RESOURCE OUT SOURCING LTD AND ORS

(2019) JELR 91403 (NICN)

National Industrial Court of Nigeria  •  NICN/MN/04/2019  •  28 Jun 2019  •  Nigeria

Coram
HONOURABLE JUSTICE K.D. DAMULAK

Judgement

1.    INTRODUCTION

This ruling is predicated upon a motion on notice filed by the 2nd defendant on 10/6/2019 seeking for an order of court striking out the name of the 2nd defendant in this suit for non disclosure of reasonable cause of action.

2.    STATEMENT OF RELEVANT FACTS

The claimant took out a complaint against the defendants in this suit on 1/4/2019. Upon service, the 2nd defendant filed a memorandum of appearance, a statement of defence and this preliminary objection on the ground that the claimant is an employee of the 1st defendant, he has no contractual relationship with the 2nd defendant, that there is no any specific claim or fact of liability against the 2nd defendant and this suit can be settled without the joinder of the 2nd defendant.

3.    CASE OF THE APPLICANT

The applicant deposed to a 15 paragraphs affidavit on the facts contained in the grounds of the application. That the claimant was an outsourced staff from the 1st defendant by the 2nd defendant to work for 2nd d…

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