AMAIZU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Abdu-Kafarati J., of the Federal High Court sitting at Akure Division of the court. The facts, briefly, as they relate to this appeal, are that the 1st and 2nd respondents as plaintiffs, commenced a suit by an originating summons against the 3rd to 4th respondents. By a motion on notice, the appellants sought for an order of the lower court to be joined as parties in the said suit.
They were joined as 5th and 6th defendants.
The originating summons was later amended. In the amended originating summons, the 1st and 2nd respondents sought for determination of the following questions:-
1. Whether by Decree No. 4 of 1996, Trade Union (Amendment) Decree 1996, the plaintiffs are the rightful parties to engage in the transportation of passengers and goods by road at the motor-parks in the various towns and villages in Ekiti State of Nigeria.
If the answer to the question is in the affirmative, then the plaint…