(2008) JELR 49453 (CA)    

Court of Appeal  ·  CA/C/19/2001 ·  28 Apr 2008 ·  Nigeria
Other Citations
Umoren v. Akpan (2008) 16 NWLR (Pt.l1 13) 223 C.A.
VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
union dispute
decree no.
decree no.4
jurisdiction of the high court
trade union
lower court
learned counsel
learned trial judge
provisions of the trade union
4th defendants
5th defendant
sole issue
subject matter
vice president
3rd july
delegates conference
high court
inter alia
opene jca
participation of friday udo tom
trade disputes
2nd respondent
4th november
akwa ibom state
appellants motion
circumstances of this case
conduct of election of the competence
conduct of the said election
determination of sundry questions
dismissal of the suit
fuller reasons
grounds of appeal
high court of akwa ibom state
high court of lagos state
jurisdiction of lower court
leading judgment
m. a. owoade j.c.a.
members of national association of nigeria nurses
nigeria union of local government employee
notice of appeal
second aspect of the submission of the learned counsel
similar circumstances
trade unions
trial disputes
violation of the provisions of trade unions
want of jurisdiction

M. A. OWOADE J.C.A. (Delivering the Leading judgment): This is an appeal against the Ruling of Honourable Justice Edemekong I. Edemekong sitting at the High Court of Akwa Ibom State, Uyo delivered on 4th November, 1997.

On 21st July, 1997, the Respondents as Plaintiffs before the lower court filed an originating summons which asked for the determination of sundry questions on the provisions of the Trade Union (Amendment) Decree No. 4 of 1996 and prayed inter alia for "a declaration that the election of the 1st, 2nd, 3rd and 4th Defendants as the President, Vice President, Publicity Secretary and Treasurer respectively of the 5th Defendant at the just concluded delegates conference is illegal, unlawful and contrary to the Trade Union (Amendment) Decree No. 4 of 1996 and accordingly null and void.

On 4th August, 1997, the learned Counsel to the Defendants now Appellants filed a motion on Notice for dismissal of the suit for want of jurisdiction in that the Plaintiffs have instituted the…

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