CHIOMA EGONDU NWOSU-IHEME, (Ph.D), J.C.A. (Delivering the Leading Judgment): The Appellants (as Plaintiffs in the court below) instituted the action leading to this appeal by an originating summons in the High Court of Delta State sitting in Asaba. The Appellants challenged the operation and activities of the 1st Respondent (1st Defendant in the court below) in rendering services in the nature of transportation of goods and or persons by road by means of motorcycles, and or serving as an umbrella body or association for all workers or persons engaging in the transportation of persons and goods by road despite not being a registered trade union.
By a Writ of Summons dated 13th April, 2005, the Appellants claim against the Respondents as follows:
"(1) A declaration that the 1st Defendant not being a registered Trade Union, is not entitled to render essential services in the nature of transportation of goods and persons.
(2) An order of perpetual injunction restraining the Defendants, t…