ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Benin Judicial Division, in Suit No. FHC/B/CS/181/2004 delivered on 27th January, 2005.
The 1st - 26th respondents were the Plaintiffs at the lower Court, while the Appellant and the 27th Respondent were the Defendants. In an originating summons dated 7th September, 2004 but filed on 8th September, 2004 and brought pursuant to order 7 rules 1 of the Federal High Court Rules, 2000 and S.15 of the Trade Disputes Act Cap 432 LFN 1999,(sic) the 1st-26th Plaintiffs/Respondents raised the following 2 questions for determination. They are:-
1) Whether the Defendants are justified in withholding the monthly salary and allowances of the Plaintiffs since December, 2002;
2) Whether the Plaintiffs are not bonafide staff of the Defendants since February, 2003.
Upon the determination of these questions, they sought for the following reliefs namely:-
1) A declaratio…