WRITTEN ADDRESS IN SUPPORT OF APPLICATION TO STRIKE OUT WRIT OF SUMMONS FOR LACK OF JURISDICTION

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO:…….. 2015.

MOTION NO………… BETWEEN

MRS VERONICA …………………………… CLAIMANT/RESPONDENT AND

PRODUCE BANK PLC………………….. DEFENDANT/ APPLICANT

DEFENDANT/APPLICANT'S WRITTEN ADDRESS IN SUPPORT OF THE

NOTICE OF PRELIMINARY OBJECTION ON LACK OF JURISDICTION OF COURT

• INTRODUCTION
• This written address is delivered in support of the Defendant/Applicant's Notice of Preliminary objection dated 15th January, 2015.
• The Defendant! Applicant contends that this Honourable Court lacks the jurisdiction to entertain this suit and in consequence thereof, the suit ought to be struck out. The Defendant/Applicant seeks the following reliefs in its notice of preliminary objection:
• AN ORDER striking out this suit on the ground that this Honourable Court lacks the jurisdiction to hear and determine the suit.
• AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstances.
• The grounds upon which the Preliminary Objection is brought are that:

(a) The Claimant/Respondent's claim, as, endorsed on the writ of summons and statement of claim is for breach of contract of employment and payment of the sum of N5,000,000:00 (Five Million Naira only) as entitlements and remuneration for unlawful disengagement.

Going by the provision of Section 254 C (1) (a) & (k) of the 1999 Constitution (as amended) the National Industrial Court has exclusive jurisdiction in civil causes and matters relating to labour, employment and other related matters, payment and non-payment of salaries, wages, pensions, gratuities, allowances, benefits and other entitlements of any employee

• BRIEF STATEMENT OF FACTS

The subject matter of this suit relates to an alleged unlawful disengagement of Claimant/Respondent from the services of the Defendant/Applicant. Consequently, the Claimant claims the following reliefs as endorsed on the Writ of Summons and Statement of Claim:

• A declaration that the purported disengagement of the Claimant from the

service of the Defendant/Applicant is not in accordance with the contract of service between the parties and therefore be declared unlawful, null and void.