(2005) JELR 45298 (CA)    

Court of Appeal  ·  CA/B/204M/2002 ·  7 Jul 2005 ·  Nigeria
Other Citations
NUT & Ors v. COSST (2006) NWLR (Pt. 974) Pg. 590
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
4th respondents
union dispute
originating summons
4th plaintiffs
6th respondents
members of 1st plaintiff
learned trial judge
high court
1st plaintiff
trade disputes
4th defendants
main issue
members of the 1st plaintiff
trade dispute
membership of the 1st defendant
members of the 1st defendant
support of the originating summons
case file
delta state chapter
dr. c.y.o. adei
employment of delta state government
finding of the learned trial judge
issue of trade union dispute
1st-4th respondents
20-paragraph affidavit
2nd-4th plaintiffs
briefs of argument
civil procedure
constitution of federal republic of nigeria
determination of the following questions
fundamental rights of the plaintiffs
honourable court
inter alia
issue of withdrawal
matters act
ndigwe v. ibekendu
paragraph affidavit
principal of the said school
provision of section
representatives of delta state wing of n.d.t.
resignation letters of the plaintiffs
ruling of the high court of justice
such members of the 1st plaintiff
trade union dispute vis
trade unions
vis trade dispute act

NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Agbor Judicial Division presided over by Ohwo, J. The ruling was delivered on 30th September 2002.

In an originating summons issued on the 27th day of June, 2002 against the appellants and the 5th and 6th Respondents, as defendants, the 1st - 4th Respondents, as plaintiffs, sought the determination of the following questions:

"A. Whether the 1st Plaintiff, having been duly registered by Corporate Affairs Commission, Abuja, under part C of companies and Allied matters Act, 1990 has no right to exist.

B. Whether the 2nd - 4th Plaintiffs and all members of the 1st Plaintiff have no right to resign as members of the 1st defendant and be members of the 1st Plaintiff for the protection of their interest having regard to the provision of section 40 of the Constitution of Federal Republic of Nigeria 1999."

It was a representative action with the Plaintiffs suing …

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