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To The Lawyers In The House - Career - Nairaland

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To The Lawyers In The House by Abokii8(m): 2:59pm On Feb 08, 2020
We are currently running a legal Case against our former employers ( we are the claimants ). The dependents raised a preliminary objection and lost. Then the presiding judge gave them two weeks to file their statement of defense, the time frame has lapsed yesterday ( Friday ) but the defense counsel couldn't meet up. Please the learned folks what is the implications? Is the court going to deliver a judgement based on the strength of our case or they would be given more time?.
Thank you.
Re: To The Lawyers In The House by CJIDEX(m): 3:16pm On Feb 08, 2020
On the next day of adjournment, the defense lawyer is likely to file a motion on notice for extension of time within which to file his statement of defense (after paying penalty to court) but in case he doesn't, your lawyer should file a motion for default judgment based on your claim before the court. Cheers
Re: To The Lawyers In The House by Abokii8(m): 4:17pm On Feb 08, 2020
CJIDEX:
On the next day of adjournment, the defense lawyer is likely to file a motion on notice for extension of time within which to file his statement of defense (after paying penalty to court) but in case he doesn't, your lawyer should file a motion for default judgment based on your claim before the court. Cheers
Thanks bro, i really appreciate

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Re: To The Lawyers In The House by Christafarian(m): 6:53pm On Feb 08, 2020
Abokii8:
We are currently running a legal Case against our former employers ( we are the claimants ). The dependents raised a preliminary objection and lost. Then the presiding judge gave them two weeks to file their statement of defense, the time frame has lapsed yesterday ( Friday ) but the defense counsel couldn't meet up. Please the learned folks what is the implications? Is the court going to deliver a judgement based on the strength of our case or they would be given more time?.
Thank you.
Guess you are curious in wanting to know y'all fate in the matter.

Well, there is no damage to your case yet.

Someone has already mentioned one remedial step to be taken by y'all lawyer. (Though I wonder if his prescription of an application for Default Judgment is any necessary, given the fact that he is not seised of the actual cause of action. E.g is the CLAIM for BREACH OF CONTRACT OF EMPLOYMENT and/or UNLAWFUL DISMISSAL or for UNPAID ARREARS OF SALARY or BONUSES or other ENTITLEMENTS ?

Knowing the actual CLAIM would determine the Process to be filed in Court as well as RELIEFS to be sought thereby.

Your lawyer should know what to do in the appropriate circumstance.
Re: To The Lawyers In The House by Abokii8(m): 9:01pm On Feb 08, 2020
Christafarian:

Guess you are curious in wanting to know y'all fate in the matter.

Well, there is no damage to your case yet.

Someone has already mentioned one remedial step to be taken by y'all lawyer. (Though I wonder if his prescription of an application for Default Judgment is any necessary, given the fact that he is not seised of the actual cause of action. E.g is the CLAIM for BREACH OF CONTRACT OF EMPLOYMENT and/or UNLAWFUL DISMISSAL or for UNPAID ARREARS OF SALARY or BONUSES or other ENTITLEMENTS ?

Knowing the actual CLAIM would determine the Process to be filed in Court as well as RELIEFS to be sought thereby.

Your lawyer should know what to do in the appropriate circumstance.
The case is about unlawful termination of appointment. They advertised the vacancy, we applied, they shortlisted us and conducted an interview, successful candidates were called, did documentation and assumed duty. We were barely four months into the job when we woke up with a circular on the notice board saying that " the governing council has quashed the entire process of the recruitment exercise, therefore all appointments made stands dissolved ". No any reason was given, no any right to fair hearing, no any salary in lieu of notice, nothing nothing.
I guess they have no any reason to give to the court hence the procrastination. And federal government MDA for that matter.
Re: To The Lawyers In The House by Abokii8(m): 9:16pm On Feb 08, 2020
The reliefs are just reinstatement, payment of salary arrears, payment of damages, the cost of the legal action and protection from any form of harassment that could arise as a result of filing the legal action.
Re: To The Lawyers In The House by Christafarian(m): 10:36pm On Feb 08, 2020
It is instructive to note that approaching the Courts to ventilate one's claims at every perceived infringement of right is not ideal in all situations.

If y'all Lawyer can deploy his most potent mediation skills, y'all can recoup your salary arrears & also retain y'all (re-negotiated or original) positions, instead of wasting litigation time & money.

My two cents.
Re: To The Lawyers In The House by Abokii8(m): 11:07pm On Feb 08, 2020
Christafarian:
It is instructive to note that approaching the Courts to ventilate one's claims at every perceived infringement of right is not ideal in all situations.

If y'all Lawyer can deploy his most potent mediation skills, y'all can recoup your salary arrears & also retain y'all (re-negotiated or original) positions, instead of wasting litigation time & money.

My two cents.
We attempted that but they didn't even reply our lawyers letters, hence the legal action.

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