(2010) JELR 49387 (CA)    

Court of Appeal  ·  CA/C/25/2008 ·  2 Dec 2010 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
union dues
1st defendant
learned trial judge
members of the plaintiff
senior counsel
members of the 1st defendant
allegation of extortion
trial court
trial judge
3rd defendants
chief augustine ngwudike
collection of illegal levies
cross river state government
union levies
2nd defendant
better counter-affidavit
determination of the following questions
following laws
leading judgment
letter no.
order of perpetual injunction
said drivers
tipper load of chippings
trade union act cap t14
3rd defendant
agreed levies
arbitrary imposition of dues
behalf of the cross river state government
civil right
collection of union dues
comrade chris white nwaehie
comrade whyte c. nwaehie
cross river state police command
fact amount
high court of cross river state
judgment of the learned trial judge
paragraph affidavit
paragraph counter-affidavit
plaintiff collects tolls
proceeds of the haulage trucks
said members of the 1st defendant
said members of the plaintiff of the plaintiff
suit no. hc
transfer of the said suit
weight of evidence

KUMAI BAYANG AKAAHS, J.C.A. (Delivered the Leading Judgment): The Plaintiff commenced the action by Originating Summons in the High court of cross River state, Calabar Division on 20/11/2006 as suit No. HC/410/2006. on the 7/2/2007. Ita J. of Calabar Division to whom the matter was assigned asked for a transfer of the said suit to Akamkpa Judicial Division and it surfaced before Eneji, J. as Suit No.. HK/7/2007. The plaintiff sought for a determination of the following questions:

"1. Whether the 1st, 2nd and 3rd Defendants are entitled or empowered by any law to impose or collect taxes, levies, dues or any money by whatever name called from the Plaintiff and its members under the following laws:

(i) Trade Union Act Cap T14(Vol.15) Laws of the Federation of Nigeria 2004.

(ii) The Constitution of Federal Republic of Nigeria 1999.

2. Whether the 1st, 2nd and 3rd Defendant are entitled or authorized by any law to force the Plaintiff and its members to belong to the 1st defendant or to pr…

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