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3. WESTERN TEXTILE INDUSTRIES COMPANY LIMITED AND ADO-EKITI WESTEXINCO WORKERS UNION (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER DR. E.C. IWUJI MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO NIC/1/78 DATE OF RULING 11th AUGUST, 1978 COURT Judgment - Unenforceable judgment – Whether court can make - Whether in the interest of party to make. COURT National Industrial Court - Powers of- Whether can order joinder of party to proceedings - Whether can amend court process. JUDGMENT AND ORDER Judgment - Unenforceable judgment – Whether court can make – Whether in the interest of a party to make LABOUR LAW National Industrial Court - Powers of- Whether can order joinder of party to proceedings - Whether can amend court process. ISSUE: Whether the notice of objection headed Ado-Ekiti Textile Industries Company Limited and Ado Ekiti Westexinco Workers Union could stand in the circumstances of the case. The Appellants appealed against the Industrial Arbitration Panel's Award to the National Industrial Court. The Appellants' notice of objection was headed Ado-Ekiti Textile Industries Company Limited and Ado-Ekiti Westexinco Workers' Union. When the case first came up for hearing at the National Industrial Court on the 26th June 1978, counsel for the Appellant announced himself as appearing for the "so-called company" and case was fixed for the 28th of July, 1978 for hearing. At the next date of hearing however, the same counsel announced that he was representing Odu'a Investment Company Limited. He also stated that the Appellant had gone into liquidation and that the Federal Government had taken over the company's assets and property, and transferred the assets and business to Odu'a Investment Company Limited. Counsel for the Respondent opposed and contended that since counsel for the Appellant announced that he was appearing for the "so-called company ", he should not be permitted to change his coat, and that Odu'a Investment Company was not before the court. It was further contended that there were people carrying on official functions by running the affairs of the Company. And that Odu'a Investment Company Limited be joined as a party to ire suit. HELD: (Directing joinder of necessary parties and giving appropriate orders): 1. On Power of court to order joinder of party to proceedings - The court has the power, in a proper case, to join any party to the proceedings, as no court would like to act in vain. 2. On Whether court will give a judgment which cannot be enforced - It. is not in the interest of any party to have an empty judgment, a judgment which cannot be enforced. 3. On Weather court will give a judgment which cannot be enforced - The court would not like to stultify itself by giving an empty judgment, which will r-e unenforceable. 4. On Power of court to amend a court process - The court has the power to amend a court process. HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT DR O.I. ODUMOSU - MEMBER S.O. KOKU,ESQ. - MEMBER DR. E.C. IWUJI - MEMBER ALHAJI Z.M. BELLO - MEMBER