Facts:

This is an appeal against the ruling of the trial court – National Industrial Court Lagos Division, Coram: Obaseki-Osaghae, J., which was delivered on 9th July 2018.

The Appellant who was the applicant in the trial court had filed a motion on notice which was brought pursuant to Order 17 Rule 1, Order 33 Rule 2, Order 38 Rule 15(a), 20(1) and 29 of the National Industrial Court Rules and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, seeking for an order of the trial court to re-open the trial of its case in order to adduce evidence in defence of the Defendant/Respondent’s counter-claim.

The Respondent joined issues with the Appellant on the ground that the trial court was funtus officio on the issue of re-opening of the case of the Appellant for the defence of the counter-claim.

The trial court ruled for the Respondent and dismissed the application of the Appellant.

Aggrieved by the ruling of the trial court, the Appellant has appealed to the court of appeal.