PETER TABANSI CHUKWUMA ASOLO LUKE OBIDI INNOCENT ELEKWACHI CHARLES NNAMANI PRINCE LONGINUS ARINZE (FOR THEMSELVES AND ON BEHALF OF THE MOTORCYCLE OWNERS, TRANSPORTERS AND RIDERS’ WELFARE ASSOCIATION) V. THE REGISTERED TRUSTEES OF MOTORCYCLE TRANSPORT UNION OF NIGERIA KEVIN NKANNEBE EMEKA EZE PAUL NWAGBO VITUS ALUSIGWE
(2001) JELR 54047 (CA)
Court of Appeal
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CA/E/59/97
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12 Jun 2001
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Nigeria
Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA
Appearances
J.E.O. Ogbuli, Esq. - for the Appellants.
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Phillip Umeadi, Jnr., Esq, - for the Respondents.
Judgement
<p><strong> OLAGUNJU, JCA (Delivering the Lead Judgment): </strong> This appeal is from the order of interlocutory injunction made on 27/2/96 by Nwofor, J., at the Onitsha Judicial Division of the Anambra State High Court restraining the defendants, who are the appellants before this court, their servants, agents or privies ‘from carrying on any activity under the Motorcycle Owners, Transporters and Riders’ Welfare Association until the determination of the substantive suit’. In the suit under which the application for an interim injunction and later the interlocutory injunction, the subject of this appeal, were made, the respondents, as the plaintiffs at the court below, sued the appellants, seeking in paragraph 29 of their statement of claim the following reliefs: “A declaration that the defendants, their agents and privies have no right or power to impose fines, restraints or penalties on any of the plaintiffs’ members who are unwilling to be members of the defendants’ association or collect any tax a…</p>