JOHN HOLT
V.
HOLTS AFRICAN WORKERS

(1963) JELR 58304 (SC)    
Supreme Court  ·  F.S.C. 422/1962 ·  23 Dec 1963 ·  Nigeria
CORAM
SIR ADETOKUNBO ADEMOLA, C.J.N. (Presided and Read the Judgment of the Court) JOHN IDOWU CONRAD TAYLOR, J.S.C. SIR VAHE BAIRAMIAN, J.S.C.
Core Terms Beta
1st defendants
2nd defendants
learned judge
interlocutory injunction
firm of john holt nigeria ltd.
members of a trade union
defendant company
reconstruction plan
judgment of the court
interim injunction
said reconstruction plan
great extent
1st september
1st defendant
injunction
infringement of the right of the members
organisation of its company structure
owner of houses
first ruling
subject matter of the declaration
material time
following terms
managers of the principal company
prima facie’ case
first question
interest of their business
notice of appeal
different times
trade union
members of the union
grant of an injunction
central organizing body of nigerian workers
plaintiff union
lawful rights
following ruling
per cent
general rule
plaintiffs
proper exercise of the jurisdiction of the court
11th september
extent of the inconvenience
grant
terim injunction
john holt
order
perusal of the record of appeal
lord cottenham
john holt nigeria ltd.
action
l. c.

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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