The appellant is a trade union. There are quite a number of trade unions in the Country. Its is the National Union of Road Transport Workers. The Union has its National Secretariat at No 19, Kayode Street, Igbobi, Onikan Ikorodu Road, Lagos. The Union filed an action as plaintiff against the respondents as defendants. It asked for reliefs in injunction and damages. Let me reproduce the two reliefs:

The appellant averred in the claim as follows:

The 1st and 2nd defendants are former members of the plaintiff who served at Ogbaru Branch thereof while the 3rd defendant was a member who served at Expressway Branch of the Plaintiff in Onitsha North Local Government Area. The 1st to 3rd defendants are presently on an indefinite suspension since 8th December, 1994.

Learned counsel for the respondents filed a motion on 4th December, 1995 challenging the jurisdiction of the Court to hear the matter. The motion was moved on 26th February, 1996. It prayed the Court for an Order striking out or dismissing the suit on the ground that the court lacked jurisdiction to entertain it. The learned trial Judge granted the motion. The suit was accordingly struck out.

The appellant was dissatisfied with the ruling and it appealed to the court of Appeal.