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MR. TUNDE FOLARIN & ANOR V. COMRADE SAM A. IDOWU & ORS

(2013) JELR 35402 (CA)

Court of Appeal  •  CA/L/426/2012  •  29 Nov 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
E. O. Afolabi and M. A. Kassim For Appellant P. R. Omotosho for 1st, 2nd & 3rd Respondent.J. O. Mafe ACSC Ogun State (MOJ) for the 4th & 5th Respondent. For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Lagos Division of the National Industrial Court delivered by T. Agbadu Fishim on the 24th May 2012 in suit No.NICN/LA /129/2011 wherein the defendants motion on notice for striking out the substantive suit was dismissed.

The claimants (now Respondents) had filed a suit on 12-10-12 against the defendants, (now appellants) at the National Industrial Court (hereinafter referred to as the Lower Court) claiming the following reliefs

(1) A declaration that collection of check-off dues from the Salary Of Secondary School Teachers in Ogun State by the 3rd and 4th defendants' Association which is not a registered Trade Union through the 1st defendant is illegal and unlawful.

(2) An order compelling the 1st defendant to henceforth deduct the check-off duties from the salaries of Secondary School Teachers in Ogun State and pay same to the 3rd claimant as provided for in ,Section 5(g) …

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