We are repeating this question because a lot of people got it wrong when it was posted as the registration question. The answer is specifically provided for in the National Industrial Court (Civil Procedure Rules) 2017.
We want to know how many people took steps to find out the correct answer.
In a matter before the National Industrial Court, where a matter is fixed for hearing as jointly agreed by the counsel in the matter and the court, and on the day so fixed, a junior counsel appears in court and asks for adjournment on the ground that the principal counsel has expressed the intention through the junior counsel to personally handle the matter, the court may proceed with the hearing notwithstanding the absence of the principal counsel. Where the junior counsel refuses or is unwilling to proceed with the case as directed by the court, the court may order which of the following-(Answer A,B or C)
a. The Court may cite the junior for contempt and award cost against the Principal Counsel
b. The court may close and call upon the counsel on the other side to open, continue or proceed with the opposing party’s case as the court deems fit.
c. The court may suo motu strike out the case of the claimant if the junior is the claimant’s counsel and order a re-file of the case or may adjourn for default judgment if the junior counsel is for the defendant.
B
B
B- The court may close and call upon the counsel on the other side to open, continue or proceed with the opposing party’s case as the court deems
B
The answer is B,
(B) The court may close and call upon the counsel on the other side to open, continue or proceed with the opposing party’s case as the court deems fit.
See Order 38 (Proceeding At Trial),Rule 3 Sub 1 – 2 of the National Industrial Court of Nigeria, Civil Procedure Rules 2017.
B
B
B
The answer is B.
Order 38 rule 12(1)(2) of the NIC Civil procedure rules.
The final Question will be on the 28th of May.