PERFECT C. OKORIE, ESQ -VS- 1. HON. JONAH MBA & 5 Ors

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE OWERRI JUDICIAL DIVISION

HOLDEN AT OWERRI

BEFORE HIS LORDSHIP: HON. JUSTICE O.O. AROWOSEGBE

DATE: MONDAY 21^ST MAY 2018 SUIT NO. NICN/OW/13/2018

BETWEEN:

PERFECT C. OKORIE, ESQ……………………………CLAIMANT

AND

HON. JONAH MBA
HON. UKPABI OBEYEH UWAKA
HON. JAMES EKEKWE DEFENDANTS
HON. IBE H.I. DURU OSHIMIRI
HON. MOSES NWANKWO
C.M. UKPABIO, ESQ.

APPEARANCES:

S.O. IHEANACHO, HOLDING THE BRIEF OF O.O. AMUZIE, FOR THE CLAIMANT.
COUNSEL TO THE DEFENDANTS ABSENT.

CONSENT JUDGMENT

INTRODUCTION

This suit was commenced by way Originating Summons 20^th March 2018 and filed the same day. It was accompanied with an affidavit in support. The reliefs claimed in the Originating Summons against the defendants jointly and severally are as reproduced hereunder:

A declaration that the 1^st – 5^th Defendants’ unilateral retention of the 6^th Defendant and/or any other legal practitioner and/or the appearance of the 6^th Defendant and/or any other legal practitioner post judgment (the pending garnishee proceedings) in Suit No: NICN/EN/17/2013 without the payment in full of the Claimant’s agreed professional fees and/or the written consent of the Claimant being sought first and obtained are null, void and of no effect.
An Order of this Honourable Court setting aside the unilateral retention of the 6^th Defendant by the 1^st – 5^th Defendants and/or the appearance of the 6^th Defendant post judgment (the pending garnishee proceedings) in Suit No. NICN/EN/17/2013 as same is irregular, improper, null, void and of no effect.
An Order restraining the 1^st – 5^th Defendants from retaining the 6^th Defendant and/or any other legal practitioner and/or any further appearance of the 6^th Defendant post judgment (the pending garnishee proceedings) in the said Suit No. NICN/EN/17/2013 without full compliance with the Agreement- (Exhibit “A”).

On the basis of the foregoing reliefs, the parties, having negotiated amicable settlement of the case, dully signed the “Terms of Out of Court Settlement to be Made the Judgment of the Court” [Terms of Settlement] dated the 30^th day of April 2018 and filed in this Court on the 2^nd May 2018. On the 16^th day of May 2018, the case came up for adoption of the said Terms of Settlement. On this date, O.O. AMUZIE, of counsel to the claimant informed the Court that the suit had been settled amicably and the Terms of Settlement filed. F. VIVIAN IBEAWUCHI, holding the brief of B.C. Uzoma, for the defendants, confirmed that the suit had been settled and the Terms of Settlement filed accordingly. Thereafter, the Court allowed the counsel to the parties to proceed to adopt the Terms of Settlement; and they so did respectively. Both counsel urged the Court to make the Terms of Settlement the judgment in the case.

Thereafter, judgment on the Terms of Settlement was reserved till 18^th May 2018. But the consent judgment was not ready on this date. It was therefore adjourned off record to the 21^st May 2018. Having done with the preliminary issues, let move to the Terms of Settlement itself.

THE TERMS OF SETTLEMENT

I hereby hereunder reproduce the Terms of Settlement verbatim:

“TERMS OF OUT OF COURT SETTLEMENT TO BE MADE THE JUDGMMENT OF THE COURT

This Terms of Out of Court Settlement is made this 30^th day of April, 2018, by the above stated parties.

WHEREAS:

The Claimant brought this Suit seeking reliefs against the Defendants jointly and severally as follows:
A declaration that the 1^st – 5^th Defendants’ unilateral retention of the 6^th Defendant and/or any other legal practitioner and/or the appearance of the 6^th Defendant and/or any other legal practitioner post judgment (the pending garnishee proceedings) in Suit No. NICN/EN/17/2013 without the payment in full of the Claimant’s agreed professional fees and/or the written consent of the Claimant first sought and obtained are null, void and of no effect.
An Order of this Honourable Court setting the unilateral retention of the 6^th Defendant by the 1^st – 5^th Defendants and/or the appearance of the 6^th Defendant post judgment (the pending garnishee proceedings) in Suit No: NICN/EN/17/2013 as same is irregular, improper, null, void and of no effect.

iii. An Order restraining the 1^st – 5^th Defendants from retaining the 6^th Defendant and/or any other legal practitioner and/or any further appearance of the 6^th Defendant post judgment (the pending garnishee proceedings) in the said Suit No: NICN/EN/17/2013 without full compliance with the Agreement (Exhibit “A”).

The parties have voluntarily agreed to resolve the dispute amicably and out of court and have agreed to and hereby reduce their terms of out of court settlement in writing and as stated hereunder.

NOW THEREFORE, the parties hereto agree as follows:

That the 6^th Defendant shall continue with the prosecution of the garnishee proceedings in Suit No. NICN/OW/6M/2017- Hon. Jonah Mba & 4 Ors v. Aba South Local Government Council & 2 Ors and Fisrt Bank Plc & 11 Ors now pending in this Honorable Court.
That the Claimant hereby consents and ratifies all actions/steps so far taken by the Defendants in prosecution of the said garnishee proceedings in the said Suit No. NICN/OW/6M/2017.
That the 1^st – 5^th Defendants shall pay the Claimant the sum of N9,500,000.00 (Nine Million, Five Hundred Thousand Naira) only as the full and final payment of the Claimant’s professional fees for the prosecution of Suit No: NICN/EN/17/2013- Hon. Jonah Mba & 4 Ors v. Aba South Local Government Council & 2 Ors which gave rise to the said garnishee proceedings in Suit No: NICN/OW/6M/2017.
That the aforesaid sum of N9,500,000.00 (Nine Million, Five Hundred Thousand Naira) only shall be paid the Claimant by the 1^st – 5^th Defendants immediately upon the successful conclusion of the said garnishee proceedings in Suit No: NICN/OW/6M/2017.
That to ensure the aforesaid payment of the sum of N9,500,000.00 (Nine Million, Five Hundred Thousand Naira) only to the Claimant by the 1^st – 5^th Defendants, the judgment sum recovered in the said garnishee proceedings in the said Suit No: NICN/OW/6M/2017 shall be paid into the Account of Counsel to the Judgment Creditors in Suit No: NICN/OW/6M/2017- (C.M. UKPABIO, ESQ.) who shall first pay the Claimant.
That C.M. UKPABIO, ESQ. hereby undertakes and guarantees the immediate payment of the said professional fees of N9,500,000.00 (Nine Million, Five Hundred Thousand Naira) to the Claimant upon receipt of the said judgment sum in Suit No. NICN/OW/6M/2017.
That no party to this Suit shall challenge this terms of out of court settlement upon signing of same by the parties and/or their representative.
That this terms of out of court settlement in this Suit No. NICN/OW/13/2018 shall in the spirit of settlement bind and apply to the said garnishee proceedings in Suit No. NICN/OW/6M/2017 particularly the Claimant’s motion on notice dated 20/3/2018 and filed 21/3/2018 which said process the Claimant hereby undertakes to withdraw.
That the parties hereby agree and pray the Court to make the terms of out of court settlement, the judgment of the court in this Suit.

IN WITNESS WHEREOF, the parties hereunder have set their hands and seals, the day and year first above written.”

JUDGMENT OF THE COURT

In consideration of the above terms of settlement, dully signed by parties and their counsel as follows: CLAIMANT – Perfect C. Okorie Esq.; DEFENDANTS: (1) Hon. Jonah Mba, (2) Hon. Ukpai Obeyeh Uwaka, (3) Hon. James Ekekwe, (4) Hon. Ibe H.I. Duru Oshimiri, (5) Hon. Moses Nwankwo, and (6) C.M. Ukpabio, Esq.; COUNSEL TO THE CLAIMANT: O.O. Amuzie, Esq.; COUNSEL TO THE DEFENDANTS: B.C. Uzoma, Esq.; and adopted before the Court in compliance with Order 42, Rules 1-7 & 9, and Order 47, Rule 9 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017; this Court hereby enters consent judgment in this suit in accordance with the Terms of Settlement filed by the parties and reproduced hereinabove.

…………………………..

HON. JUSTICE O.O. AROWOSEGBE

Presiding JUDGE

OWERRI DIVISION

NATIONAL INDUSTRIAL COURT OF NIGERIA