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PATRICK EZE & ORS v. SERGIUS UDEH & ORS

(2017) JELR 37623 (CA)

Court of Appeal  •  CA/E/141/2010  •  27 Jan 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellants, 1st - 6th respondents and 8th - 11th respondents are all members of the National Association of Nigeria Nurses and Midwives (NANNM), the 7th respondent. In 1999, the 7th respondent increased the monthly check - off dues being paid by its members from N50:00 (Fifty Naira) to 3% of the basic salary of each member with effect from 1/1/1999. The appellants, the University of Nigeria Teaching Hospital, Enugu where the appellants work refused to implement the increase because of the appellants' protest. The 1st set of respondents instituted suit No. FHC/CS/278/2002 which later became suit No. FHC/YNG/CS/278/2002 at the Federal High Court of Nigeria, Enugu Judicial Division. In their amended statement of claim filed on 17/10/2008, they sought the following reliefs:

(a) "That the Nurses and Midwives of University of Nigeria Teaching Hospital Enugu are members of the 7th plaintiff and as such are bound to …

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