IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS
SUITNO: NICN/LA/486/16

BETWEEN

MR. CHINWEORDER CHUKWU AWA - CLAIMANT/RESPONDENT

AND

NIGERIA SOCIAL INSURANCE TRUST FUND -DEFENDANT/APPLICANT

MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER 25 RULE 4, ORDER 11 RULE 1 OF THE

NATIONAL INDUSTRIAL COURT RULES, 2007 AND UNDER THE
INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the …………
day of …………………….2016 at the hour of 9 O’clock in the forenoon or so
soon thereafter as Counsel on behalf of the Defendant/Applicant will be heard
praying for the following orders:

1. AN ORDER extending the time within which the Defendant/Applicant

may file its Memorandum of Appearance and Statement of Defence in this
Suit

2. AN ORDER deeming the Defendant/Applicant’s Memorandum of

Appearance and Statement of Defence already filed and served as being
properly filed and served.

3. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may

deem fit to make in the circumstance.

Dated this …………day of…..………………………… 2016.

……………………………
Roseline Nwankwo
The Defendant/Applicant’s Counsel
‘akinlawon & ajomo’
2nd Floor Doroena Plaza
12 Odunlami Street
Anthony Village, Lagos.
 Telephone: 08029208974
E-mail: akinlawonajomo@yahoo.com

FOR SERVICE ON:

The Claimant/Respondent
C/o Its Counsel
Chief E.O. Ibe Esq.
LINCOLN IBE & CO
63, Tejuosho Road, 2ND Floor,
Tejuosho, Surulere, Lagos State
Telephone: 08023108470, 08033957305
E-mail: lincolnnibe@yahoo.com

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

 IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUITNO: NICN/LA/486/16

BETWEEN

MR. CHINWEORDER CHUKWU AWA - CLAIMANT/RESPONDENT

AND

NIGERIA SOCIAL INSURANCE TRUST FUND -DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Kolawole Salawu, Male, Nigerian, Litigation Officer of 12, Odunlami Street,

Anthony Village, Lagos do make oath and state as follows:

1. I am a Litigation Officer in the Law Firm of ‘akinlawon & ajomo’

Defendant/Applicant’s counsel in this Suit.

2. By virtue of my position, I am familiar with the facts of this case and I have
the authority of my employer and the Defendant/Applicant to depose to
this Affidavit.

3. All the facts deposed to herein are within my personal knowledge unless
otherwise stated, they are true to the best of my knowledge and belief.

4. I am informed by Roseline Nwankwo, a counsel in our office on the 28 th

November 2016 at about 10: 00 am, and I verily believe her that:

a. On the 27th of July 2016 the Defendant/Applicant was served with a

copy of the Claimant’s Originating Complaint in this Suit dated 25 th
July, 2016.

b. By the Rules of this Honourable Court the Defendant/Applicant had

14 days within which to file its Memorandum of Appearance and
Statement of Defence.

c. The Defendant/Applicant however filed its Memorandum of

appearance, Statement of Defence and accompanying documents on
the 22nd of November 2016 and also paid the necessary default fees
for late filling.

d. Leave of this Honourable Court is now required to extend the time

within which to file the Defendant/Applicant’s Memorandum of
 appearance, Statement of Defence and the accompanying
documents.

e. The delay in filing the Memorandum of Appearance, Statement of

Defence and other Originating processes in this suit was not out of
disrespect to this Honourable Court but because of the reason stated
in the preceding paragraphs.

5. I believe the Claimant/Respondent will not be prejudiced by the grant of

this application.

6. It will better serve the interest of justice if this Application is granted.

7. I swear to this Affidavit in good faith believing its content to be true and
correct and in accordance with the Oaths Act.

……………………………
DEPONENT

Sworn to at the National Industrial Court Registry, Lagos

This ……………day of ………………………2016

BEFORE ME

COMMISSIONER OF OATHS

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
 SUITNO: NICN/LA/486/16

BETWEEN

MR. CHINWEORDER CHUKWU AWA - CLAIMANT/RESPONDENT

AND

NIGERIA SOCIAL INSURANCE TRUST FUND -DEFENDANT/APPLICANT

WRITTEN ADDRESS IN SUPPORT

1. INTRODUCTION

1.0 This address is in support of a Motion on Notice brought pursuant to

Order 25 Rule 4, Order 11 Rule 1 of the National Industrial Court Rules
2007 and under the inherent jurisdiction of this Honourable Court.

1.1 This Motion is praying this Honourable Court for the following reliefs:

1. AN ORDER extending the time within which the Defendant/Applicant

may file its Memorandum of Appearance and Statement of Defence in
this Suit

2. AN ORDER deeming the Defendant/Applicant’s Memorandum of

Appearance and Statement of Defence already filed and served as being
properly filed and served.

3. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may

deem fit to make in the circumstance.

1.2 This Motion is supported by a 7 paragraph Affidavit deposed to by

Kolawole Salawu a Litigation Officer in the Law Firm of ‘akinlawon &
ajomo’ Defendant/Applicant’s counsel in this Suit.

1.3 We shall be relying on all the paragraphs of the Affidavit in Support of the
Motion on Notice.

2. STATEMENT OF FACTS

2.1 On the 27th of July 2016 the Defendant/Applicant was personally served
with a copy of the Claimant’s Originating Complaint in this Suit dated 25 th
July, 2016.
2.2 By the Rules of this Honourable Court the Defendant/Applicant had 14
days within which to file its Memorandum of Appearance, Statement of
Defence and the accompanying documents.

2.3 Leave of this Honourable Court is now required to extend the time within
which to file the Defendant/Applicant’s Memorandum of appearance,
Statement of Defence and the accompanying documents.

2.4 The delay in filing the Memorandum of Appearance and Statement of

Defence was not out of disrespect to this Honourable Court but because of
the reason stated in the preceding paragraphs.

2.5 The Defendant/Applicant’s Memorandum of Appearance, Statement of

Defence and accompanying documents has since been filed and served on
the Claimant/Respondent and an order of this Honourable Court is
needed to regularize the Court processes.

3. ISSUE FOR DETERMINATION

The sole issue for determination is:

Whether in the circumstance of this case the court should grant the reliefs
sought by the Defendant/Applicant

4. ARGUMENT ON ISSUE

4.0 By virtue of Order 25 Rule 4 of the National Industrial Court Rules 2007
this Honourable Court is empowered to grant the Defendant/Applicant’s
Application.

Order 25 Rule 4 of the National Industrial Court Rules 2007 provides:

“The Court may, as often as he deems fit, and either

before or after the expiration of the time appointed by
these rules or by any judgment or Order of the Court,
extend or adjourn the time for doing any act or taking
any proceeding.”

4.1 In U.B.A Ltd. Vs. NWORA (1978) VOL. 2 N.S.C.C. 519 @ 520 the
Supreme Court held that:

An application filed out of time which discloses

substantial ground…should not be disregarded for the
fact that it was irregularly filed…
4.2 We humbly submit that the Defendant/Applicant’s Statement of Defence
discloses a good defence to the Claimant’s Action and the Defendant
should in the interest of justice be heard on merit.

4.3 The Defendant/Applicant has in paragraphs 4(a-g) of the Affidavit in

support deposed to facts stating the reasons for filling the Memorandum
of Appearance, Statement of Defence and the accompanying documents
out of time and that the delay was not deliberate.

4.4 It is not debatable that the grant of an application for extension of time is
within the discretion of the Court. However the Court is to exercise its
discretion judicially and judiciously. See the case of ADEJUMO V. STATE
(2000) 9 NWLR (Pt. 986) page 643 para C-E ; U.B.A Ltd v. NWORA (1978)
(supra).

4.5 We therefore humbly urge this Honourable Court to rightly exercise its
discretion in favour of the Defendant/Applicant.

5.0 CONCLUSION

We most humbly urge this Honourable Court to grant the

Defendant/Applicant’s application by granting an extension of time
within which to file the Defendant’s Memorandum of Appearance,
Statement of Defence and accompanying documents and deem same as
having been properly filed and served.

Dated this…………day of ……………………2016.

……………………………
Roseline Nwankwo
The Defendant/Applicant’s Counsel
‘akinlawon & ajomo’
2nd Floor Doroena Plaza
12 Odunlami Street
Anthony Village, Lagos.
Telephone: 08029208974
E-mail: akinlawonajomo@yahoo.com

FOR SERVICE ON:

The Claimant/Respondent
C/o Its Counsel
Chief E.O. Ibe Esq.
LINCOLN IBE & CO
63, Tejuosho Road, 2ND Floor,
Tejuosho, Surulere, Lagos State
Telephone: 08023108470, 08033957305
E-mail: lincolnnibe@yahoo.com