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ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA AND GOVERNMENT OF EKITI STATE (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A. ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MRS V.N. OKOBI - MEMBER SUIT NO: NIC/7M/2003 DATE OF JUDGMENT - 8TH FEBRUARY, 2005. LABOUR LAW National Industrial Court - Striking out of suit - When will strike out suit for want of diligent prosecution. NATIONAL INDUSTRIAL COURT Striking out of suit - When will National Industrial Court strike out suit for want of diligent prosecution. ISSUE Whether the suit does not deserve to be struck out for want of diligent prosecution. FACTS The Applicant filed a motion on notice dated 14th March, 2002 and filed 25th March, 2003. However, on the 29th September, 2004, 11th November, 2004 the Applicant was absent in court. When the matter came up again on 8t February, 2005, the Applicant was not represented. The Respondent then applied that the matter be struck out for want of diligent prosecution. HELD (Striking out the suit) On Effect where applicant abandons case before the National Industrial Court - Where an Applicant absents himself from proceedings at the National Industrial Court in a manner suggesting that he is no longer interested in a matter, the court will strike out his suit for want of diligent prosecution.