Lagos Sheraton Hotel And Towers V. Hotel And Personal Services Senior Staff Association (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling)

By the motion on notice dated 17th day of December 2010 and filed on the 20th day of December 2010 the Applicant herein prayed for the following orders of this court:-

1. AN ORDER extending the time within which the Application may apply for leave to appeal against the decision comprised in the judgment of the National Industrial Court, Holden at Lagos delivered in the suit No. NIC/9/2008 – Hotel & Personal Service Senior Staff Association v Lagos Sheraton Hotel & Towers: coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice O.A. Obaseki-Osaehae (Judge), and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Appellant’s Cross-Appeal in that suit and awarding the reliefs of payment of salaries and allowances and other entitlement to some members of the Respondents whose employment with Applicants were terminated from the date of the termination of the said respective employment to the date of the said Judgment as interpreted, affirmed and upheld by the Court in its judgment delivered on the 14th December, 2010 in the proceedings on the Application’s Summons for interpretation and/or setting aside and for stay of the said decision of the 14th July, 2009 with a news Suit No. NIC/LA/21A/2009.
2. ORDER granting the leave to the Applicant to appeal against the said decision comprised in the judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 -Hotel Personal Services Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon Justice B.B. Kanyip (Presiding), Hon. Justice V.N. Okobi (Judge), Hon. Justice F.I. Kola-Olarere (Judge), Hon, Justice A.O Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Application’s Cross-Appeal in the Suit and awarding the reliefs of the payment of salaries and allowances and other entitlement to some members of the Respondents whose employment with the Applicants were terminated from the date of the termination of the said respective employments to the date of the said judgment as interpreted, affirmed and up held by that Court and its judgment delivered on the 14th December, 2010 in the proceedings on the Application’s Summons for the interpretation and/or setting aside and for stay of the said decision of the 14th July, 2009 with a new Suit No. NIC/LA/21A/2009.
3. AN ORDER extending the time within which the Applicant may appeal against the said decision comprised in the judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 -Hotel & Personal Services Senior Staff Association v. Lagos Sheraton Hotel & Tower; coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice A.O. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Applicants Cross-Appeal in that Suit awarding the Reliefs of the payment of salaries and allowances and other entitlements to some members of the Respondents whose employment with the Applicant were terminated from the date of the termination of the said respective employments to the date of the said judgments as interpreted, affirmed and upheld by that Court in its judgment delivered on the 14th December, 2010 in the proceedings on the Applicant’s Summons for interpretation and/or setting aside and for stay of the said decision of the 14th July, 2009 with a news Suit No. NIC/A/21A/2009.
4. AN ORDER deeming the Notice of the Applicant’s Appeal dated the 17th day of December, 2010 against the said decision comprised in the judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 – Hotel & Personal Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice V.N. Okobi (Judge), Hon, Justice F.I. Kola-Olarere (Judge) Hon. Justice A.O. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Applicant’s Cross-Appeal in that Suit and awarding the reliefs of the payment of salaries and allowances and other entitlements to some members of the Respondents whose employment with the Applicants were terminated from the date of the said judgment as interpreted, affirmed and upheld by that Court in its judgment delivered on the 14th December, 2010 in the proceedings on the Applicant’s Summons for interpretation and/or setting aside and for stay of the said decision of the 14th July, 2009 with a news Suit No. NIC/LA/21A/2009, already filed and served as duly filed and served.
5. AN ORDER staying the execution of the said decision comprised in the Judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 – Hotel & Personal Services Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon Justice B.B. Kanyip (Presiding), Hon. Justice V.N. Okobi (Judge), Hon. Justice F.I. Kola-Olarere (Judge), Hon. Justice O.A. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Applicant’s Cross-Appeal in that Suit and awarding the reliefs of the payment of salaries and allowances and other entitlements to some members of the Respondents whose employment with the Applicants were terminated from the date of the termination of the said respective employments to the date of the said judgment as interpreted, affirmed and upheld by that Court in its judgment delivered on the 14th December, 2010 in the proceedings on the Applicant’s Summons for the interpretation and/or setting aside and for stay of the said decision of the 14th July, 2009 with a news Suit No, NIC/LA/21A/2009, pending the hearing and final determination of the Applicant’s Appeal before the Court of Appeal.
6. AN ORDER restraining the Respondents by themselves, their agents, members, official servants and/or privies including but not limited to the said four members of the Respondents whose employment with the Applicants were terminated from howsoever taking any step and/or further steps in the execution and/or in furtherance of the Orders comprised in the said decision comprised in the Judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 – Hotel & Personal Services Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice V.N. Okobi (Judge), Hon. Justice F.I. Kola-Olarere (Judge), Hon. Justice O.A. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 dismissing the Applicant’s Cross-Appeal in that Suit and awarding the reliefs of the payment of salaries and other entitlements to some members of the Respondents whose employment with the Applicants were terminated from the date of the termination of the said respective employments to the date of the said judgment as interpreted, affirmed and upheld by that Court in its judgment delivered on the 14th December, 2010 in the proceedings on the Applicant’s Summons for interpretation and/or setting aside and/or staying of the said decision of the 14th July, 2009 with a new Suit No. NIC/LA/2009 pending the hearing and final determination of the Applicant’s Appeal before the Court of Appeal.

The grounds for the application were stated thus:

1. That on the 14th July, 2009 the National Industrial Court, Holden at Lagos delivered judgment in this Suit No. NIC/9/2008 -Hotel & Personal Service Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice V.N. Okobi (Judge), Hon. Justice F.I. Kola-Olarere (Judge), Hon. Justice O.A. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (judge) on the 14th day of July, 2009 dismissing the Applicant’s Cross-Appeal in that Suit and awarding the reliefs of the payment of salaries and allowances and other entitlements to some members of the Respondents whose employment with the Applicants were terminated from the date of the termination of the said respective employments to the date of the said judgment.
2. That subsequent to the delivery of the said judgment by the National Industrial Court (hereinafter referred to as “the lower Court”), as aforesaid, the Applicant approached the lower Court vide a Summons on Notice dated the 17th day of July, 2009 for orders, inter alia, for interpretation and/or setting aside of the same and stay of execution thereof.

That after the parties have filed the requisite processes inclusive of their Written Addresses both in support and in Opposition to the Applicants said Summons wherein amongst other issues, the question of whether on application such as that brought vide the Applicant’s said Summons dated the 17th July, 2009 constitutes a fresh suit or is a continuation of the original proceedings were fully canvassed on behalf of the parties, the Applicant was shocked to receive a letter dated the 29th November, 2010 with Ref. No. SUIT No. NIC/LA/21A/2009/259 under the hand of one A.A. Akindipo for the Chief Registrar of the Lower Court notifying the Applicant that it’s said Summons constitutes a fresh action and had been assigned a new suit No. NIC/LA/21A/2009.

3. That on the 14th day of December, 2010, the lower Court delivered its judgment on the Applicant’s said Summons on Notice and dismissed the same with costs whilst refusing the prayer for stay and Ordering that the Orders comprised in its decision of the 14th July, 2009 be complied with by the Applicant within seven days the instant judgment.
4. That the Applicant being dissatisfied with the said decision of the lower Court delivered on the said 14th July, 2009 as interpreted, affirmed upheld by the lower Court in its judgment delivered on the 14th December, 2010 in the said suit No.NIC/LA/21A/2009 is desirous of Appealing against the same to the Court of Appeal with leave.
5. That it is in the interest of Justice that the execution of the Orders comprised in the said Judgment of the National Industrial Court, Holden at Lagos delivered in this Suit No. NIC/9/2008 – Hotel & Personal Services Senior Staff Association v. Lagos Sheraton Hotel & Towers; coram: Hon. Justice B.B. Kanyip (Presiding), Hon. Justice V. N. Okobi (Judge), Hon. Justice F.I. Kola-Olarere (Judge), Hon. Justice O.A. Obaseki-Osaghae (Judge) and Hon. Justice J.T. Agbadu-Fishim (Judge) on the 14th day of July, 2009 as interpreted, affirmed and upheld by the lower Court in its Judgment delivered on the 14th December, 2010 in the said suit No. NIC/LA/21A/2009 and the judgment, itself is stayed on the one hand and the Respondent, on the other hand, be restrained as prayed pending the hearing and final determination of the Appellant/Application’s Appeal before the Court of Appeal.

That unless the Order of stay and/or injunction prayed for is granted the Appellant/Applicant’s Appeal before the Court of Appeal shall be rendered nugatory.

The said motion is supported by a three paragraph affidavit with many subparagraphs and attached to the said affidavit are the following exhibits:-

(1) Exhibit (NOW 1) = Certified copy of the Judgment of the National Industrial delivered on the 14th July, 2009.

(2) Exhibit (NOW 2) = Summons on the Notice for interpretation dated and filed on the 17-7-2009

(3) Exhibit (NOW 3) = A letter from the National Industrial Court to the Applicant dated 20-11-2010 and signed by one A.A. Akindipo for Chief Registrar.

(4) Exhibit (NOW 4A & 4B) = A Certified Copy of another judgment of the National Industrial Court delivered on 14-12-2010 and the same letter dated 20-11-2010 respectively.

(5) Exhibit (NOW 5A & 5B) = Copies of the Notice of Appeal dated 17-12-2010 and treasury receipt of filing fees respectively.

Upon receipt of a copy of the said motion on notice, the Respondent reacted by filing a 16 paragraph counter affidavit sworn to by one Nelson D. Chukwuezi Esq.

A summary of the genesis of this application is that on the 14th of July 2009, the National Industrial Court (here-after referred to as (the lower Court) delivered a judgment which was in favour of the Respondent. The applicant herein, thereafter applied to the lower Court by way of Summons on notice, for the interpretation of the said judgment and also sought for the setting aside of the said judgment.

On 14-12-2010 the lower Court delivered its judgment wherein it dismissed the Applicant’s summons on notice for interpretation and setting aside. The Applicant was not satisfied with the outcome of the said judgment hence, if filed this application for leave to appeal against the judgment of the lower court delivered on 14-7-2009.