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HOTELS & PERSONAL SERVICES SENIOR STAFF ASSOCIATION (HAPSSSA) AND 1. NICON HILTON HOTEL PLC 2. NUHU SADA AND 1. IMEH EKONG 2. OCHAI SUNDAY (FOR THEMSELVES AND ON BEHALF OF HAPSSSA NICON HILTON HOTEL ABUJA) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE M.A. BORISADE - PRESIDENT AMBASSADOR M.S. SALEH - MEMBER CHIEF M.G DABIBI - MEMBER PROF. B.B. KANYIP - MEMBER V.N.OKOBI (MRS.) - MEMBER SUIT NO: NIC/18/2001 DATE OF JUDGMENT 27TH APRIL, 2001 ACTION Representative action - Applicant for leave to defend an action in a representative capacity - Authority of - Where authority thereof challenged - Duty on to show that they have requisite authority of those to be represented. ISSUE Whether there was concrete evidence to show that Messrs. Imeh Ekong and Sunday Ochai were duly authorized to defend the action on behalf of NICON HILTON HOTEL PLC, ABUJA HAPSSSA. FACTS By a motion on notice dated 26th February, 2001, the Applicants/Parties seeking to be joined, prayed the National Industrial Court for an order joining Mr. Imeh Ekong and Mr. Sunday Ochai, for themselves and on behalf of HAPSSSA, NICON HILTON HOTEL PLC, ABUJA in a representative capacity, inter alia. The motion was supported with a 4-paragraph affidavit. The Appellant/Respondent in opposing the application urged the court to dismiss the application on the ground that there was no evidence before the court that Mr. Imeh Ekong and Mr. Sunday Ochai had the authority of other members of HAPSSSA NICON HILTON PLC, ABUJA to defend the action on their behalf. The court therefore considered the affidavit in support and the submissions of counsel for all the parties. HELD (Dismissing the application) On What Applicant for leave to defend an action in a representative capacity must show - As a rule, wherever the authority of any person(s) applying to defend an action on behalf of others in a representative capacity is challenged, they must show admissible evidence that they have been given such authority by at least a majority of the body of persons on behalf of whom they want to defend an action. In this case, the Applicants did not establish or prove to the satisfaction of the court that Messrs Imeh Ekong and Sunday Ochai had the required authority to defend the claim on behalf of the persons concerned.