The National Industrial Court sitting in Port Harcourt, Rivers State has reserved ruling on the application for a motion on notice to amend the originating suit brought by the over 700 dock workers of Bua Ports and Terminal and PTOL in Port Harcourt, before the court till March 20, 2018 which is the next adjourned date.
The dock workers through their counsel, Mr. Uche Ejike Ugwudu is seeking among other things, the leave of the court to amend the originating process of the suit with a view to bring in fresh amendments into the matter.
The trial judge, Justice Hamma Polycarp after hearing from the counsels representing both parties in the matter at the resumption of the case, Wednesday reserved ruling on the matter to 20th March, 2018 which is the next adjourned date.
Justice Polycarp stated that the date was to allow him carefully study the various submissions made by the both parties as well as take a careful look at the entire processes filed by the both counsels with regard to the motion for the amendment.
The trial judge averred that he would on that adjourned date rule whether to allow the application stand or reject it, adding that the various views expressed by the lawyers would be carefully examined.
The Judge had earlier overruled the defendants’ Counsel, Mr. Angus Chukwuka on the issue bordering on the Jurisdiction of the court to handle the matter adding that the court had ruled on the matter and would not go back to such issue again.
The claimant’s lawyer, Mr. UcheEjikeUgwudu while moving the application, urged the court to grant the motion in the interest of justice so as to bring the contending issues to bear in the matter.
Ugwudu told the court that they had two set of affidavits sworn on 8/6/2015 and 25/5/2016 in support of the motion filed, adding that the defendant’s lawyer had also replied their motion on points of law.
He further told the court that he had filed his written address to support all the processes in the matter and urged the court to adopt same as his submission and grant their application in the favour.
In his own response, lawyer representing the defendants in the matter, BUA Ports & Terminal and PTOL Limited in Port Harcourt Seaport, Mr. Angus Chukwuka while opposing the application urged the court not to grant it on the ground that it would over-reach the defendant.
According to him, the application being sought, was not to streamline issues but an intension by the claimant, to complicate issues as well as introduce new parties who were not initially parties in the matter.
He further maintained that their position on the jurisdiction of the court to hear the matter, badding that the court cannot grant the application when they have no jurisdiction to hear the suit.