Reg. Trustees Of Apostolic Church Of Christ V. Reg. Trustees Of Grace Church Of Christ (2021)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. 

This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division delivered on 4th February, 2011, setting aside the judgment of the High Court of Lagos State Coram M.O. Obadina, J delivered on 10th June, 2005.

​The facts of the case are as follows: The appellant is a Christian religious organisation which was registered in 1963. It had several branches, which included the Mushin Branch, which eventually broke away from the main organisation and was registered in 1996 as The Registered Trustees of Grace Church of Christ, the respondent in this appeal. In 1976, while he was still a pastor in the employment of the Appellant Church, the promoter of the respondent, one Pastor Igbeare, purportedly purchased a parcel of land at 23/25 Fayemi Street, Ejigbo Town near Mushin from the Agbeke Family. The purchase receipt was in Pastor Igbeare’s custody. The respondent applied for Land Information in respect of the land which yielded the information that the land had been acquired by the Lagos State Government as far back as 1972, vide Official Gazette No. 60 of 7/12/72 Volume 59. Realising that as at 1976 when the Agbeke family sold the land, it had been divested of title thereto, the respondent applied in its own name to the Lagos State Government for ratification of the sale. The respondent was consequently issued a formal letter of allocation of State Land. Upon the payment of the necessary fees, the respondent was issued with a Certificate of Occupancy on 24/8/97 in respect thereof.

It was the respondent’s contention that each branch of the church generated its own funds and that the branches were co-ordinate with and not subordinate to the headquarters. It was also its contention that it had deposited materials at 23/25 Fayemi Street, Ejigbo, preparatory to the construction of a permanent site for its church, which got lost. It was also contended that rather than take steps to object to the issuance of Certificate of Occupancy in its favour, the appellant proceeded to issue a notice of Revival Service scheduled to take place on the disputed land.

​Warning letters were written to the appellant to no avail, hence the institution of suit NO. ID/I/31/9 before the High Court of Lagos State, Ikeja Judicial Division vide Written Summons and Statement of Claim filed on 14/5/98.

​By their Further Amended Statement of Claim filed on 15/10/2003, the respondent, as plaintiff, sought the following reliefs against the appellant, as defendant:

1. A declaration that the plaintiffs are the persons or body of persons entitled to the Right of Occupancy of all that piece or parcel of land situate, lying and being at No. 23/25 Fayemi Street, Ejigbo Town near Isolo in Mushin Area of Lagos State of Nigeria, which piece of land is more particularly shown and delineated “RED” on Survey Plan No. MAF/5318/84L and covered by Certificate of Occupancy No. 68 at page 68 in Volume 1997N.
2. An order of perpetual injunction restraining the defendants by themselves, their privies, servants, agents and/or assigns from trespassing and/or further trespassing on the said land, subject matter of this suit.

3(a) Specific damages of N413,820.00 (Four Hundred and Thirteen Thousand Eight Hundred and Twenty Naira) only being the cost of the plaintiff’s fence on the land demolished by the defendant and building materials carried away by the defendant.

(b) General Damages N1,000,000.00 (One Million Naira only).

The Appellant filed an Amended Statement of Defence and Counter Claim on 9/5/2002.

It was the appellant’s contention that all the branches of the Apostolic Church of Christ (Spiritual Movement), including its Mushin Branch were under the control and authority of the parent body. It was averred that Pastor Igbeare was trained by the Church and posted to the Mushin Branch where he served with one Pastor Johnson Oyedipe and their salaries were paid by the parent body. It was also averred that the land in dispute was purchased with funds belonging to the parent body and in its name.

​It was averred that after the purchase of the property, the purchase receipt was kept in Pastor Igbeare’s custody, being the Vice President of the Church. That after it was discovered that the land was State land, efforts were made by the appellant to seek a release of the land from government acquisition. That Pastor Igbeare got wind of the application and surreptitiously pursued it on his own without the knowledge of the Headquarters and took advantage of the fact that the purchase receipt was in his possession to secure the release in favour of the respondent. It maintained that the property belonged to the Appellant’s church. It counter-claimed as follows:

1. The defendant adopts all the averments in the Statement of Defence from paragraphs 1-26.
2. The Defendant claims against the plaintiff for a declaration that the defendant is the only person legally entitled to the Certificate of Occupancy in respect of a piece or parcel of land situate, lying and being at 23/25, Fayemi Street, Ejigbo.
3. Declaration that the Certificate of Occupancy registered as No. 68 at page 68 in Volume 1997 issued to the plaintiff is null and void.
4. N500,000.00 being damages for trespass committed by the plaintiff on the said land at 23/25 Fayemi Street, Ejigbo, Lagos, which is in dispute.
5. Perpetual injunction restraining the Plaintiff, agents, servants and privies and/or assigns from committing further acts of trespass on the land in dispute.

The plaintiff/respondent filed a reply to the Amended Statement of Defence and Defence to counter-claim on 6/9/2002.

​At the trial, both parties led evidence and tendered documents in support of their respective positions. In a considered judgment delivered on 10th June, 2005, the plaintiff’s claims were dismissed. The defendant’s counter claim was granted in its entirety. The Court field that the land in dispute belonged to the defendant and that the plaintiff had no right to apply for ratification in respect thereof. The letters of ratification, Exhibits P3 and P4 and the Certificate of Occupancy, Exhibit P2, were declared null and void and of no effect.

The plaintiff (now respondent) was aggrieved by the decision and filed an appeal at the Court below. In its judgment delivered on 4/2/2011, the appeal was allowed and the judgment of the trial Court was set aside. The Court held that the Agbeke family, having been divested of its title to the land by the Government acquisition, Exhibit P14, had nothing to convey to the present appellant. It held that the respondent had proved a better title to the land. The judgment of the trial Court was set aside and all the plaintiff’s reliefs were granted.