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NATIONAL UNION OF HOTELS AND PERSONAL SERVICES WORKERS AND ALIFUN HOTEL AND CATERING LIMITED (NATIONAL INDUSTRIAL COURT) HON. JUSTICE B.A. ADEJUMO - PRESIDENT PROF. B.B. KANYIP - MEMBER BARR. M.B. DADDA - MEMBER SUIT NO: NIC/1M/2004 DATE OF RULING - 1ST JULY, 2005 LABOUR LAW National Industrial Court - Action before -Applicant therefor - Failure of to prosecute with diligence - Consequence. ISSUE What is the consequence of failure of an Applicant to prosecute his case with diligence before the National Industrial Court? FACTS The Applicant brought an application for the review of the judgment of the National Industrial Court given on 9th January, 2004. When the matter came up on 10th March, 2005 both the Applicant’s counsel and the Applicant were not present in court. The court then adjourned the matter to 11th May, 2005. The court did not sit on 11th May, 2005 and the matter was adjourned to 5th July, 2005. On 5th July, 2005 both the Applicant and his counsel were absent. The Respondent did not appear even for once and had no counsel. No reason was given for the absence of the parties and counsel for the Applicant on 5th July, 2005 despite the issuance of hearing notices. HELD (Striking out the suit): On Effect of Applicant’s failure to prosecute his case with diligence before the National Industrial Court - Where an Applicant before the National Industrial Court fails to prosecute his case with diligence, the court, in consequence, will strike out the matter for lack of diligent prosecution.