Case Result

Denca Services Limited Vs. Azunna (2018) LPELR-460 43 (Ca); (2019) 16 ACELR 137

Case Applicant: J. O. Mbamalu Esq- (with F. J. Ayemere Esq. O. F. Ohuakanwa Mrs)
Case Respondent: Gabriel Orban Esq
Case Held: Bearing in mind establishment of the lower court it seems to me that the exclusive jurisdiction conferred on the lower court by Section 254(1)(1) of the Constitution is in respect of civil causes and matters where an employment relationship exists. The hub on which the entire provision revolves is the existence of the employment relationship irrespective of whether the cause of action relates to or is connected with Labor, Trade Union And Industrial Relation Matters, and notwithstanding whether it is a matter that arises from the work place in respect of conditions of service health safety, welfare and matters incidental thereto and connected therewith. I iterate that unless there is an employment relationship between the parties as the linchpin on which the action is founded, the cause of action will not be cognizable under the exclusive jurisdiction conferred on the lower court under Section 254 (1)(1) Of the 1999 Constitution (as amended)
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