...18 which purported to retire the Claimant with effect from 1/10/2018. 5.      AN ORDER of perpetual injunction restraining the Defendants either by themselves agents or by any means whatsoever from retiring, removing disengaging or in any way removing the Claimant from the employment of the 1st Defendant before the 1st day of January 2023 on account of facts leading to this suit. 6.      AN ORDER of this Honourable Court compelling the 2nd Defe ...

...rked as exhibit CW1A, the claimant’s certificate of completion of basic seamanship training dated 5/4/2007, exhibit CW1B, is a letter of reply written by the 1st defendant to the claimant’s  solicitor informing him of the action taken against the claimant dated 26/5/2017, exhibit CW1C,  is a letter of appeal dated 29/1/2014, to the Honourable Minister of defence on behalf of the claimant by National Human Right Commission. And exhibit CW1D, is a letter to the defendants by ...

...[2] The judgment debtors entered into terms of settlement with the judgment creditors after execution was levied on their moveable property, but they reneged and all attempts to carry out a repeat execution on their moveable property were futile. This has led to this garnishee proceeding which on the authority of Heritage Bank Ltd v. Inyerlagos Oil Ltd [2018] LPELR-44801 (CA) and Polaris Bank v. Gumau & ors [2019] LPELR-47066 (CA), is separate and distinct from the main action that yielded ...

...ng been properly filed and served on the 1st of February, 2021. The Claimant filed a Reply to the Statement of Defence together with a Further Witness Statement on Oath on the 2nd of March, 2021, but deemed by the court on the 18th of March, 2021.   1.3.           Trial in this suit commenced on 18th of March, 2021, when the Claimant opened his case by testifying for himself as CW. The witness who swore on the Holy Bible and spoke in Engli ...

...not a necessary party in this suit. 2.         That the claims of the Claimant are Statute Barred in accordance with the provisions of Public Officers Protection Act. 3.         That the claims of the Claimant are Statute Barred in accordance with the provisions of the Statute of Limitation. The objection is supported by a written address also dated the 4th October 2021. In opposition, the claimant filed a written ...

...e with the provisions of the statute of Limitation. The Objection is supported by a written address. In opposing the Objection, the claimant filed a written address on 18th October 2021. The parties adopted their written addresses and made oral submissions. Defendant/Objector’s submissions [2] Learned counsel to the defendant submitted three issues for determination: 1. Whether the 5th defendant is a necessary party in this suit. 2. Whether the claims of the claimant are not statute b ...

... at enforcing same through a garnishee proceeding at the Federal High Court, Uyo Division (the “FHC Uyo”) in Okon Johnson & ‘t4 Ors. v Mobil Producing Nigeria Unlimited & 3 Ors. (Suit No. FHCIUY/MISC/2004) (the “Garnishee Proceeding”), which was considered and refused or rejected, (ii)   The monetary claims in the present action are caught by res judicata because these claims have been the subject of previous litigation in Suit No: FHC/UY/CS/568/04: Okon ...

...f this Honourable Court as contained in Paragraphs 1 – 3 of the terms of settlement. The terms of settlement which was duly executed by the counsel to both parties state as follows: WHEREFORE IT IS AGREED BETWEEN THE CLAIMANT AND THE DEFENDANT AS FOLLOWS. 1.      The Claimant is entitled to be paid the sum of N3,479,571:00 (Three Million Four Hundred and Seventy Nine Thousand Five Hundred and Seventy One Naira) by Defendant as his terminal benefits, including gra ...