The Road Transport Employers Association Of Nigeria Vs The National Union Of Road Transport Workers (1992)

LawGlobal-Hub Lead Judgment Report

B. O. BABALAKIN, J.S.C.

Both parties in this appeal are registered Trade Unions under the Trade Union Act. No. 22 of 1978. In the Lagos High Court the Plaintiff/Appellant took action against the Defendant/Respondent for the following reliefs:-

“(1) a declaration that Plaintiff has the right to operate at motor parks in Nigeria.

(2) a declaration that the Defendant has no right to operate at motor parks in Nigeria:

(3) an injunction restraining the Defendant from operating at motor parks in Nigeria.”

These claims were later amended to read:

“(1) A declaration that the Plaintiff has the right to control and operate by way of collection of dues levies, fees or otherwise from its members, at any Motor Parks in Nigeria.

(2) A declaration that the Defendant has no right to control or operate by way of collection of dues levies and fees or otherwise at any Motor Parks in Nigeria other than to load and off load goods and passengers at such Motor Parks.

(3) An injunction restraining the Defendants their servants or agents from controlling or operating by way of collection of dues levies and fees or otherwise at any Motor Parks in Nigeria, other than to load and off load, goods and passengers at such Motor Parks.

(4) A declaration that the defendant is not empowered to collect monies under the “Check Off System” from drivers of vehicles belonging to members of the plaintiff Association.

(5) An injunction restraining the Defendants their servants or agents from collecting monies under the “Check Off System from Drivers of Vehicles belonging to members of the Plaintiff Association.”

Statements of Claim and Defence were filed, amended and exchanged. The parties called witnesses to prove their respective cases.

At the conclusion of hearing the learned trial Judge amended and awarded the following claims to the plaintiff/appellant. He declared:-

“In the end, and for all those reasons which I have endeavoured to give. I enter judgment for the plaintiff against the defendant as respects all the claims made by the plaintiff. in these terms: