Download PDF
The claimant filed this motion on notice on the 4th March 2013 pursuant to Order 10 Rules 1, 2 & 3 of the NIC Rules praying for the following orders: 1. An order of this honourable entering summary judgement against the defendant declaring the claimant’s termination of his employment as wrongful, unlawful and malicious. 2. An order of this honourable entering summary judgement against the defendant for the sum of N1,816,745.00 (One million eight hundred and sixteen thousand seven hundred forty-five naira) being the claimant’s entitlements inclusive of the cost incurred in this action and reasonable professional fee. 3. An order of this honourable entering summary judgement against the defendant directing the defendant to release evidence of tax remittance to the board of Inland Revenue and to the National Housing Fund. 4. Such further or other order(s) that this Honourable Court may deem fit to make in the circumstance of this case. In support of the motion is a 33 paragraph affidavit sworn to by the claimant and a written address in support. The defendant filed its entered appearance and filed its statement of defence and accompanying processes on the 23rd April 2013. The defence process have been filed out of time. There is also no written address filed in reply to the application for summary judgement. I find that there is no compliance with the provisions of Order 10 Rule 4 of the Rules of court. However, I find that reliefs 1 & 2 being sought by the claimant on the complaint and statement of facts, and prayers 1 & 3 in this application are not claims for liquidated sums and cannot come under the summary judgement procedure. This suit has to be heard and determined on the merit. Accordingly, this application is dismissed. The case is adjourned. ..……………………..……………… Hon. Justice O. A. Obaseki-Osaghae