Download PDF
IN THE NATIONAL INDUSTRIAL COURT HOLDEN AT LAGOS BEFORE THEIR LORDSHIPS Hon. Justice B.B. Kanyip - Presiding Judge Hon. Justice V.N. Okobi - Judge Hon. Justice E.I. Kola-Olalere - Judge Hon. Justice O.A. Obaseki-Osaghae - Judge Hon. Justice I.T. Agbadu-Fishin - Judge Dated 26th November, 2008 Suit No. NIC/58/2007 BETWEEN Mr. Aloysins Odocha for and on behalf of 30 Others AND 1. Alan Dick & Company (West Africa) Limited 2. Halogen Security Company Limited 3. Federal1Vlinistry of Labour 4. Corporate: Affairs Commission REPRESENTATION OF PARTIES Mrs J. Ogbedeleto appeared for the claimants Obasi Osinachi appeared for the 1st and 2nd respondents. Mr. A.C, Osegi, Principal State Counsel from Federal Ministry of Justice appeared for the 3rd respondent. No counsel appeared for the 4th respondent neither was any reason given for their absence. When the matter came up on 26th November, 2008 Ruling on jurisdiction was delivered. The court held that it bas jurisdiction and so the matter should proceed to trial. The court then drew the attention of the claimants' counsel Mrs J. Ogbedeleto to the fact that the only relief claimed against the 4th respondent is one that this court has no power to grant, it being squarely within the ambit of the Companies and Allied Matter Act 1990. Whereupon the counsel orally applied that the name of the 4th respondent be struck off the suit as well as the claim against it. Counsel to the 1st, 2nd and3rd respondents did not object. RULING Order as prayed. The 4th respondent to this suit, Corporate Affairs Commission, is hereby struck out as a respondent to this suit. The claim against it, therefore, is also struck out. The 3rd respondent is given fourteen (14) days within which to file and serve its statement of defence. Case is accordingly adjourned to February 5, 2009 for hearing in Lagos. Hon. Justice B.B. Kanyip Presiding Judge Hon. Justice V.N. Okobi Hon. Justice E.I. Kola-Olalere Judge Judge Hon. Justice O.A. Obaseki-Osaghae Hon. Justice J.T. Agbadu-Fishim Judge Judge