BEST LAW REPORT SUBSCRIPTION PRICE!!

  • R.T.E.A.N. vs. N.U.R.T.W
  • 254
  • 2005-04-11
  • ₦ 200
  • Buy Now

R.T.E.A.N. vs. N.U.R.T.W

ROAD TRANSPORT EMPLOYERS ASSOCIATION OF NIGERIA

ISAAC FATIMEHIN

V

NATIONAL UNION OF ROAD TRANSPORT WORKERS

CHIEF ADEWOLE OJO

THE GOVERNOR OF EKITI STATE

THE SPEAKER, EKITI STATE HOUSE OF ASSEMBLY

THE ATTORNEY-GENERAL, EKITI STATE

COMMISSIONER OF POLICE, EKITI STATE

COURT OF APPEAL

( BENIN DIVISION )

MUHAMMAD S. MUNTAKA-COOMASSIE JCA ( Presided )

PARTICK IBE AMAIZU JCA ( Read the Lead Judgment )

NWALI SYLVESTER NGWUTA JCA

CA/B/21/2003

FRIDAY, 7TH MAY, 2004

FAIR HEARING - Order of court - Person directly affected by - Right of to be heard before the order is given

JUDGMENT AND ORDERS - Order of court - Person directly affected by - Right of to be heard before the order is given

JURISDICTION - Trade dispute - Action on - Commencement of in a court of law - Impropriety of

TRADE DISPUTE - Action on - Commencement of in a court of law Impropriety of


TRADE DISPUTE - Definition of

WORDS AND PHRASES - ‘Trade dispute’ - Definition of

Issues

1.              Whether the lower court has the jurisdiction to try the matter which is in the main a trade dispute between the National Union of Road Transport Workers and Road Transport Employers Union.

2.              Whether the lower court is right in holding that the Road Transport Employers Association was only inserted for the sake of court without jurisdictional scope.

Facts:

The 1st and 2nd respondents herein commenced a suit by originating summons at the Akure Judicial Division of the Federal High Court against the 3rd and 4th respondents. By a motion on notice the appellants sought for an order of the lower court to be joined as parties in the suit. They were consequently joined as 5th and 6th defendants.

The originating summons was later amended. In the amended originating summons, the 1st and 2nd respondents sought for determination of the following question.

Whether by Decree No. 4 of 1996, Trade Union (Amendment) Decree 1996 the plaintiffs are the rightful parties to engage in the transportation of passengers and goods by road at the motor-parks in the various towns and villages in Ekiti State of Nigeria.

If the answer to the question is in the affirmative, then the plaintiffs’ claim:

1.              Declaration that the members of the 1st plaintiff union including the other plaintiff are the rightful persons authorized by law to engage in the transportation of passengers and goods by road in various motor parks in Ekiti State.

2.              Perpetual injunction restraining any other union, associations and/or groups of persons not authorized by law to engage in the transportation of passengers and goods by road from operating, interfering, and or disturbing the plaintiffs and/other agents, servants or members at the various motor parks in Ekiti State, where they are lawfully engaged.

3.              Perpetual injunction restraining the 2nd defendant and the Ekiti State House of Assembly under his authority

from entertaining, considering or making any resolution tantamount to amending Decree No. 4 of 1996 by

allowing or permitting a non-authorized union, association or group (s) of persons to operate at the motor-parks in the State to engage in the transportation of passengers and goods by road in various motor-parks in Ekiti State.

4.              An order directing the 1st, 3rd and 4th defendants to enforce Decree No. 4 of 1996 by seeing to the exit of non-authorized unions and non-registered or nonrecognized unauthorized union or associations from various motor-parks in Ekiti State.

The lower court heard arguments on the amended originating summons.

In a reserved judgment, the lower court answered the question posed for determination in the originating summons in favour of the respondents.

Dissatisfied, the appellants appealed to the Court of Appeal. At the Court of Appeal, the issue of the jurisdiction or otherwise of the lower court to entertain the 1st and 2nd respondents’ suit was raised and considered by the court.