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NEWTON ODJE AND 7 OTHERS AND 1. MA. OKIEME (JP) AND 7 OTHERS 2. NIGERIA LABOUR CONGRESS (NATIONAL INDUSTRIAL COURT) HON.JUSTICE B. A. ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER MR M.A.B. ATILOLA - MEMBER SUIT NO: NIC/3/2003 DATE OFJUDGMENT - 2ND MARCH, 2005. COURT Duties of court - Whether court has a duty to wait for litigants ISSUE Whether a court has a duty to wait for an unwilling litigant FACTS The Applicants filed an originating summons against the Respondents before the National Industrial Court. The Respondents raised a preliminary objection challenging the jurisdiction of the court to hear the matter. On 10th November 2004, 14th January 2005, and 2nd March, 2005, when the matter came up, the Applicants and their counsel were absent. No reason whatsoever was ever given either for the absence of the Applicants or the counsel. HELD (Striking out the suit) On whether duty of court to wait for litigants -It is not the duty of a court of law to wait aimlessly for an unwilling litigant. Thus, where an Applicant is no longer interested in prosecuting his case diligently, the court will strike out his suit.