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Friday, April 23, 2021

JUST IN: Court restrains firm from ejecting staff out of official residence

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Justice Polycarp Hamman of the National of the National Industrial Court of Nigeria, Portharcourt Judicial Division has granted an order of interlocutory injunction restraining Alcon Nigeria Limited and two others jointly and severally, their servants, agents, privies or otherwise howsoever from forcefully evicting the Engr. Benni Sappire and family out of the official company residence at Port Harcourt pending the hearing and determination of the substantive suit and ordered for accelerated trial.

From facts, the claimant counsel Sir Charles Egwabor had filed the motion on Notice for an interlocutory injunction pending the determination of the substantive suit submitted that Engr. Benni has fulfilled all the legal requirements urged the court to grant the application.

In opposition, the learned defendants’ counsel U. C. Ngeleoka Esq submitted that Engr. Benni has not met the conditions to warrant the grant of the application for the injunction that the claimant is rather seeking to recover monetary benefits allegedly accrued to him under the contract of employment that since he has ceased to be an employee of the firm, he has no right to stay in the property subject of the application that the Claimant/Applicant has not met the requirement for the grant of this application

In defence, the claimant’s further submitted that if the firm and others are not restrained from evicting him and his family from the property they may be thrown to the street without settling the alleged debts owed to him.

In his ruling, the presiding Judge, Justice Polycarp Hamman found the application meritorious and same was granted.

“A community reading of the paragraphs of the supporting affidavit together with the exhibits particularly exhibits  ‘G’ and ‘G1’ which are  notices of vacation from the official residence where the claimant resides with his family clearly show an indication of a threat of eviction from the premises, the subject matter of this application.

“Having therefore considered the facts as deposed in the various affidavits with respect to this application, I am convinced that the balance of convenience tilts in favour of granting the instant application, particularly that the claimant/applicant has given undertaking with respect to damages.

“The lone issue distilled for determination is therefore resolved against the Defendants/Respondents.”

Source:www.nicnadr.go.ng

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