C. A. Banjo & Ors. V. Eternal Sacred Order Of Cherubim & Seraphim (1975)

LawGlobal-Hub Lead Judgment Report

COKER, J.S.C 

The respondents to this appeal were the plaintiffs in an action instituted by that company in the High Court, Lagos, against the appellants as defendants in that court. The plaintiffs’ writ is endorsed as follows:-

“The plaintiffs’ claim against the defendants jointly and severally:-

(i) a declaration that the registered Memorandum and Articles of Association of the plaintiffs as registered on the date of incorporation has never been validly amended;

(ii) a declaration that the defendants are no longer members of the Eternal Sacred Order of Cherubim and Seraphim; and

(iii) an injunction restraining the defendants, their servants and agents from claiming to be members of or interfering with the properties (real and personal) of the plaintiffs or attending any of the plaintiffs’ churches for purpose of worship without the permission of the Baba Aladura for the time being.”

An order for pleadings was duly made by the High Court and barring a number of procedural matters, the plaintiffs’ statement of claim was duly filed. The defendants did not comply with the order of the court to file their statement of defence thereafter but instead, a few days after the plaintiffs’ statement of claim was filed, the defendant filed a motion in court whereby they sought, as against the plaintiffs, the following orders:-

“(a) an Order setting aside the writ of summons herein on the ground that it was issued without the authority or consent of the Eternal Sacred Order of Cherubim and Seraphim;

(b) such further and/or other order or orders as may seem fit in the circumstances of this case.”

The application was supported by an affidavit sworn by one of the defendants (indeed the 8th defendant) Sidney Jimmy Larte Lawson who had deposed as follows:-

“1. That I am the secretary of the Eternal Sacred Order of Cherubim and Seraphim.

2. That the Eternal Sacred Order of Cherubim and Seraphim is a limited liability company registered under the Companies Act Cap. 38 Laws of Nigeria now replaced by the Companies Decree.
3. That the Order has not authorised the institution of Suit and the Suit has been instituted and is being prosecuted without the authority or consent of the Order.
4. That I annex hereto and marked “A” a Certified True Copy of the existing Memorandum of Association of the Order.”

This application was understandably opposed by the plaintiffs who filed a counter-affidavit against it. Mr. Lawson also filed a further affidavit in support of the motion and, apart from trying to justify his own status in the Organization, he deposed in the further affidavit as follows:-

“9. That at a meeting of the conference board of the Eternal Sacred Order of the Cherubim and Seraphim held on and at which it was present, the said Conference passed a resolution to the effect that this action was not instituted with its authority or knowledge and dissociates itself from it; vide Exhibit “SLJL3″ annexed hereto.

10. That paragraph 5, 6 and 9 of the counter affidavit of G. I. M. Otubu is untrue.”

As stated before, the plaintiffs filed a counter-affidavit against the motion and in the affidavit sworn by one Godfrey Itse Mene Otubu, who described himself as the Secretary to the Eternal Sacred Order of Cherubim and Seraphim, it is stated that Sidney Jimmy Larte Lawson is-