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F. C. UDOH & ORS. v. ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD & ANOR.

(1993) JELR 45351 (SC)

Supreme Court  •  SC.289/1990  •  23 Jul 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC ABUBAKAR BASHIR WALI JSC OLAJIDE OLATAWURA JSC MICHAEL EKUNDAYO OGUNDARE JSC

Judgement

KARIBI- WHYTE, J.S.C. (Delivering the Leading Ruling): I summarily dismissed this motion on the 24th May, 1993 and indicated that I will give my reasons today. This I now proceed to do.

The only issue in this ruling is whether the appeal before this court has abated by virtue of section 2 of the Trade Disputes (Amendment) Decree No.47 of 1992.

The facts of this case are straightforward and undisputed. On the 11th August, 1986, Hon. Justice A. Iguh (as he then was) of the High Court of Anambra State, sitting at Enugu gave judgment dismissing in its entirety the action brought by the applicants as plaintiffs seeking various declarations and injunction restraining the defendant its agents and servants from unlawfully interfering with the exercise of the rights and powers and/or enjoyment of privileges and fruits of membership mutually subsisting between the Non-Academic Staff Union of Educational and Associated Institutions on the one hand, and the members of the said Union in the empl…

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