Both parties in this appeal are registered Trade Unions under the Trade Union Act, No. 22 of 1978. In the Lagos High Court the Plaintiff/Appellant took action against the Defendant/ Respondent for the following reliefs:-
-
1
a declaration that Plaintiff has the right to operate at motor parks in Nigeria.
-
2
a declaration that the Defendant has no right to operate at motor parks in Nigeria;
-
3
an injunction restraining the Defendant from operating at motor parks in Nigeria.
These claims were later amended to read:
Statements of Claim and Defence were filed, amended and exchanged. The parties called witnesses to prove their respective cases.
At the conclusion of hearing the learned trial Judge amended and awarded the following claims to the plaintiff/appellant. He declared:-"In the end and for all those reasons which 1 have endeavoured to give, I enter judgment for the plaintiff against the defendant as respects all the claims made by the plaintiff, in these terms:
-
1
A declaration that the plaintiff as a registered trade union of employers, (whose members engaged in transport business) has the right to control the operations and activities of those members, and the servants and agents of the union and the drivers engaged by those members, at all motor parks throughout Nigeria (at which the plaintiff has been author¬ised by the owners thereof to enter upon and carry on those activities), so as to facilitate smooth operations of vehicles and orderly boarding and disboarding of passengers and of loading and discharge of goods carried by or in such vehicles, at such motor parks and to collect trade union dues for such services at motor parks from its members, through the drivers employed by those members: and 1 declare that the defendant has no such rights.
-
2
An order of perpetual injunction restraining the defendant, by itself, its servants and agents (including its workers) from preventing the plaintiff, its servants or agents from carrying on the said activities at any motor parks in the Federation, being activities to which the first declaration relates.
-
3
A declaration that the defendant is not empowered under its constitution or otherwise to collect monies, (whether by way of fees, dues or charges) from members of the Plaintiff's union at motor parks throughout the Federation or at all.
Dissatisfied with this judgment the defendant/respondent appealed to the Court of Appeal
