AWOGU, JCA (Delivering the Leading Judgment): Two interlocutory appeals have reached this court from the decisions of Adeniji, J., and Segun, J., in the above suit. The first, dated 5th December, 1988, was in respect of the discharge of an ex-parte order in favour of accelerated hearing. The second, dated 7th February, 1989, was, after Segun, J., took over, the refusal to dismiss the claim in limine for reasons given in the motion dated 19th December, 1988. Both judgments were to have been delivered together but for the request that the second appeal be heard by the full court in view of the conflicting decision of this court with regard to the Rule in Foss v. Harbottle (1843) 2 Hare 461. As a result, the appeal in respect of the discharge of the ex-parte injunction had to be disposed of earlier. The present judgment by the full court is in respect of the second appeal.
The plaintiffs and the defendants are members of National Union of Banks, Insurance and Financial Institutions Empl…