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JOHN HOLT
V.
HOLTS AFRICAN WORKERS

(1963) JELR 58304 (SC)

Supreme Court 23 Dec 1963 Nigeria
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- The plaintiffs, who are members of a trade union, brought an action against the defendants seeking a declaration and injunction against a Reconstruction Plan that would abolish the plaintiff union. - The plaintiffs filed a motion for an i

Case Details

Suit Number:F.S.C. 422/1962
Judges:SIR ADETOKUNBO ADEMOLA, CJN JOHN IDOWU CONRAD TAYLOR, JSC SIR VAHE BAIRAMIAN, JSC
Counsel:Chief M.E.R. Okorodudu, Q.C. (with him, V.A. Kushimo) for the Appellants; A.A. Osibogwu for the Respondents.

ADEMOLA, C.J.N. (Delivering the Judgment of the Court): The plaintiffs/ respondents are members of a Trade Union; and as the name signifies, members of the Union are employed either by the firm of John Holt Nigeria Ltd. (the 1st defendants/appellants) or John Holt and Co. (Liverpool) Ltd (2nd defendants/appellants). It would appear that the firm of John Holt and Co. (Liverpool) Ltd. (2nd defendants/appellants) intended to carry out a Reconstruction Plan in the interest of their business, the terms of which the plaintiffs/respondents view with some concern. The latter therefore proceeded to bring an action against the 1st defendant, John Holt Nigeria Ltd., seeking a declaration and injunction in the following terms:­

“(1) for a declaration that the Reconstruction Plan intended to be put into effect by the defendant on 1st September, 1961, whereby the central organizing body of Nigerian workers in the defendant Company, that is to say, the plaintiff Union, will be abolished by the defend…

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