Legalpedia Citation: (2014) Legalpedia (CA) 01161

In the Court of Appeal

Mon Nov 17, 2014

Suit Number: CA/K/426/08

CORAM

ABUBAKAR ABDULKADIR JEGA

PARTIES

GASKIYA TEXTILE MILLS PLC APPELLANTS

 MR. R. K. KHOSLA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent brought an action against the Defendant/Appellant at the High Court of Kano State claiming the sum of N27, 444,149.00 being salaries, leave pay and allowances, rent, transport and/or traveling allowances, traveling reimbursements, domestic/household allowances, gratuity, residency permit process, special allowances medical and maintenance allowances up to February 2007 and N741, 900.00 monthly from 1stMarch 2007 until the determination of the suit. On being served with the  Plaintiff/Respondent’s originating process, the Defendant/Appellant filed a notice of preliminary objection pursuant to Section 7(1), 11(1) and (2) of the National Industrial Court Act 2006 and Sections 2(1) and 2 of the Trade Disputes Act Cap 18 Laws of the Federation 2004,challenging the jurisdiction of the trial Court  to entertain the suit on the ground that the subject matter of the suit was a trade dispute over which only the National Industrial Court  has jurisdiction to entertain. The trial Court dismissed the notice of preliminary objection and entered judgment for the Plaintiff/Respondent Dissatisfied with the judgment of the trial Court, the Defendant/Appellant appealed to the Court of Appeal.

HELD

Appeal Allowed

ISSUES

Whether the High Court of Kano State had jurisdiction to entertain the Respondent’s claim in view of Sections 1 and 2 (1) and (2) of the Trade Disputes Act LFN 2004 and Sections 7 and 11 (1) and (2) of the National Industrial Court Act 2006?

RATIONES DECIDENDI

EFFECT OF A CHANGE IN THE LAW GOVERNING JURISDICTION OF A COURT – WHERE THERE IS A CHANGE IN THE LAW GOVERNING JURISDICTION OF A COURT IT THE SHALL HAVE EFFECT ON ALL MATTERS PENDING IN THAT COURT

“The law is that where there is a change to the law governing jurisdiction of a Court, the law shall have effect on all matters pending in that Court except those in which trial has commenced. See Obiuwevbi v Central Bank of Nigeria (2011) 7 NWLR Part 1247 Page 465 at 511 per Adekeye JSC, See also Gyang Yakubu Pam &Ors v Ahmadu Bello University CA/K/10 2011.” PER O. A. ADEFOPE-OKOJIE, J.C.A

CONDITION PRECEDENT TO THE EXERCISE OF JUDICIAL POWERS BY COURT- THE COURT SHOULD FIRST AND FOREMOST ENSURE THAT IT HAS JURISDICTION BEFORE EXERCISING ITS JUDICIAL POWERS

“It is trite law that in the hearing and determination of any suit there ought first and foremost, to exist the jurisdiction before the issue of the judicial powers exercisable under that jurisdiction can arise. See; Tukur Vs Government of Gongola State (1989) 4 NWLR (Pt.117) Pg.517.” PER A. ABOKI, J.C.A

COURT WITH JURISDICTION TO HEAR EMPLOYMENT AND LABOUR RELATED MATTERS – SECTION 254C (1) (A) AND (K) OF THE CONSTITUTION OF NIGERIA, 1999 (AS AMENDED) GIVES THE NATIONAL INDUSTRIAL COURT THE EXCLUSIVE JURISDICTION TO HEAR ALL LABOUR AND EMPLOYMENT REL

“The Constitution now vests, by its Section 254C (1) (a) and (k), exclusive jurisdiction in respect of all civil causes and matters connected to or arising from employment and labour related issues, in the National Industrial Court.By this Statute, States and Federal High Courts have been effectively divested of jurisdiction to entertain employment related matters, including claims for wrongful dismissal, payments of salaries, allowances and other entitlements which the employee lays claim to.” PER O. A. ADEFOPE-OKOJIE, J.C.A

PROPER ORDER AN APPELLATE COURT SHOULD MAKE WHERE A TRIAL COURT LACKS JURISDICTION – AN APPELLATE COURT SHOULD ORDER A SUIT TO BE STRUCK OUT WHERE IT DISCOVERS THAT THE TRIAL COURT LACKS JURISDICTION TO ENTERTAIN SAME.

“Where a trial court is found and held by the appellate court not to have jurisdiction to entertain a suit as in the instance case, the order to make is that of striking out the suit. See; Tsokwa Motors Nig Ltd Vs Uba Plc (2008) 2 NWLR (Pt.1071) Page 347 at 377.” PER A. ABOKI J.C.A

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria,1999.

2. National Industrial Court Act 2006

3. Trade Disputes Act Cap T8 LFN 2004

 

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