[SAMPLE OF FORMS OF COMPLAINT AT THE NATIONAL INDUSTRIAL COURT]
FORMS OF COMPLAINT
IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT IKOYI
SUIT NO:……………………
BETWEEN
CHRISTIAN BABATUNDE ………………………………… CLAIMANT
AND
MULTILINKS COMPANY NIGERIA LIMITED………………… DEFENDANT
To: MULTILINKS COMPANY NIGERIA LTD
Of No. 5, Allen Avenue, Ikeja, Lagos, Nigeria
You are hereby commanded that within Fourteen days after the service of this Complaint on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of …………………………………………………… and take notice that in default of your so doing the plaintiff may proceed, and judgment may be given in your absence.
Dated this ………………….day of …………………..20..
……………………………
Registrar
N.B – This Complaint is to be served within six calendar months from the date thereof, or, if renewed, within three calendar months from the date of last renewal, including the day of such date, and not afterwards.
The Defendant may enter appearance personally or by Legal Practitioner either by handing in the appropriate forms, duly completed, at the Registry of the National Industrial Court of the Judiciary Division in which the action is brought or by sending to the Registry by registered post.
INDORSEMENTS
The Claimant’s claims against the Defendant are as follows:
- AN ORDER of this Honourable Court mandating the Defendant to pay the Claimant the sum of N2, 000,000 (Two Million Naira) being the arrears of salary due for March – December, 2018 at N2,000,000 (Two Million Naira) per month.
- AN ORDER of this Honourable Court mandating the Defendant to pay the Claimant the sum of N200,000.00 (Two Hundred Thousand Naira) being leave allowance for the year 2019.
- The cost of this suit as maybe assessed by the Honourable Court.
This Complaint was issued by OLUFEMI MAYBERRY, ESQ of MAYBERRY LAW FIRM
whose address for service is 17, Allen Avenue, Ikeja, Lagos, Legal Practitioners for the said Claimant who reside at ………………………….…… …………………………….. (mention the City, town or District and also the name of the street and number of the house of the plaintiff’s residence, if any).
This Complaint was served by me at ………………….……………………………on the Defendant (describe mode of service) …………………………………..on the ……………… day of …………… 2020.
Indorsed the …………………..day of ………………….2020
………………..……………………………………..
(Signed)
……………………………………………………….
(Address)
Notes :
- Heading and Title-
If the matter relates to any inter or intra Union dispute the Complaint must be headed:
‘In the Matter of the Trade Union Act “In the Matter of inter (or intra) Union Dispute:
“In the matter of …………………….Union (in the case of intra Union dispute
“Between………………Union if inter-Union dispute) or………………….. (Individual and capacity in which he/she is or they are suing (if intra Union).
And………………………… (Union if inter Union dispute) or………………….. (individual(s) and capacity in which he/she is or they are suing (if intra Union disputes).
- Endorsements of Claims. – If the claimant sues, or defendant/respondent is sued, in a representative capacity, the endorsement must state in what capacity the claimant sues or the defendant respondent is sued. See Or.4 r. 2. If the claim is for a debt or liquidated demand only, the Endorsement, even though not special, must strictly comply with the provisions of O.4.r.3, including a claim for four day’s costs.
- Address of Service– see Or.4.r.4.sr. (5) & (6) and Or.4.r5. The address must be within the jurisdiction.
- Address of Claimant-in the case of company in liquidation the claimants address should run “…………………………………………………………………claimants, who are a company in liquidation. The Liquidator is (name of liquidator).
In the case of a foreign corporation within the meaning of part 10 of the Companies and Allied matters Act the claimant’s address should run thus: “……………………………….. Claimants, who are a foreign corporation within the meaning of the Companies and Allied matters Act. The registered name and address of the person to be served are ……………………. (here add registered name and address”).
- Endorsement of Service-See Or.7:r.1 sr.14; 2 sr.14, 15, and 16.
Before the complaint is issued the following certificate must be indorsed on it:
The Registry,
National Industrial Court of Nigeria.
In the …………………………………………………………………………………Judicial DivisionA sufficient affidavit in verification of the endorsement on this complaint to authorize the sealing thereof had been produced to me this……………Day of ……………..20……………..
………………………………………
(Signature of Registrar)
