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JUDGMENT
JUDGMENT OF KORANTENG-ADDOW J.
On 19 November 1979, my noble and learned brother, Amua-Sekyi J., granted an application by the plaintiffs herein, and made certain mandatory and prohibitory orders against the defendants; they were interim orders made pending the determination of the suit. The orders were as follows:
"IT IS HEREBY ORDERED that the Maritime and Dockworkers Union, its servants, agents or other persons whomsoever be and are hereby restrained from acting or holding itself out in any manner whatsoever as representing the National Union of Seamen (NUS) or any of the Deepseas, Coastwise and Fisheries Division thereof:
IT IS HEREBY FURTHER ORDERED that the defendants be and are hereby ordered to restore forthwith to the plaintiffs upon trust for their respective divisions the collective bargaining certificate of the National Union of Seamen which the defendants [p.945] withdrew on or about 3 June 1978 pending the hearing and determination of this suit; AND THAT the Maritime and Dockworkers Union do pay into the court within seven days by way of interim preservation thereof all dues so far collected by them from persons who were members of the said divisions of the National Union of Seamen as at 30 May 1978 and further to stop collecting dues from members of the said divisions until the final determination of this suit."
The first plaintiff is the Takoradi branch chairman of the Deepseas Division of the National Union of Seamen (hereinafter called N.U.S.); the second plaintiff is the Tema branch chairman and the third plaintiff is the chairman of the Coastwise Division of N.U.S. They sued in their representative capacities on behalf of the members of the Deepseas and Coastwise Divisions N.U.S. The second defendant is the General Secretary of N.U.S. and the third defendant is the National Chairman of the N.U.S.
The fourth defendant is a trade Union, i.e. the Maritime and Dockworkers Union (MDU) established for the welfare of dock workers on the seafront of Ghana. So the M.D.U. and N.U.S. are both member unions of the Trades Union Congress (T.U.C.). Some time in 1978, an agreement was reached between the executives of N.U.S., M.D.U. and the T.U.C. whereby the Coastwise and Deepseas Divisions of N.U.S. were merged with M.D.U. A faction of the N.U.S. obviously dissatisfied with this arrangement took out summons asking for a declaration that the agreement is null and void; an order for restoration of the collective bargaining certificate of N.U.S.