The Registered Trustees of the Church of the Lord V. Jacob Konah Sheriff (2002)

LawGlobal-Hub Lead Judgment Report

IBIYEYE, J.C.A.

This is an appeal against the decision of Abutu J. of the Federal High Court sitting in Benin and delivered on the 29th of October, 1996.

The appellant in this appeal who was the plaintiff at the trial court instituted an action against the defendant now respondent by filing a writ of summons dated 23rd of November, 1994. The writ of summons reads as follows:-

“The plaintiffs claims (sic) against the defendants are for:

(1) An injunction restraining the defendant by himself, agents, privies, servants and/or adherents from enjoying the plaintiffs name (sic).

“The Church of the Lord (Aladura)” duly registered formerly under the Registration of the Business Names Act, but now under the Company (sic) & Allied Matters Decree No.1 of 1990 in the running, operation, organisation, management or howsoever, of the defendant’s organisation (sic) now carried on at Ogodo Road extension, Sapele few yards from the plaintiff’s Church (sic) at 113, Ogodo Road, extension or anywhere else in Nigeria, and particularly in Delta and Edo States of Nigeria; and howsoever infringing the plaintiff’s registered trade name (sic) of “The Church of the Lord (Aladura)”.

2. N2,000,000.00 (Two million naira) damages for the defendants false representation (sic) by way of infringement of the plaintiff’s aforesaid business name (sic) since 1992.”

Pleadings were duly filed and exchanged between the parties. Parties joined issue on the use of the name “The Church of the Lord ‘Aladura’. It is of moment to reproduce paragraph 11 of the plaintiff’s statement of claim (albeit unamended) as it will be specifically considered later on in this judgment. The said paragraph 11 reads:

“Whereof the plaintiffs claim as follows: -.

(a) An injunction restraining the defendant by himself, agents, privies, servants and/or adherents from

(i) employing the plaintiff’s registered name. “The Church of the Lord (Aladura)” duly registered formerly under Registration of Business Names Act, but now under the Companies and Allied Matters Decree No.1 of 1990 or any name similar thereof in the running, operation, organisation, management or however of the defendants organisation, (sic) now carried on at 97, Ogodo Road extension, Sapele, few yards from the plaintiff’s church and mission house at 113, Ogodo Road extension, Sapele (sic), or anywhere else in Nigeria and particularly in Delta and Edo States of Nigeria;

(ii) carrying on the occupation or practice of Christian evangelism howsoever in Nigeria particularly in Sapele, Delta and Edo States of Nigeria under any name (sic) whatsoever.

(iii) and/or howsoever (sic) and in any manner infringing the plaintiff’s registered name, “The Church of the Lord (Aladura)”.

(b) N5,000,000.00 (5 million Naira) being damages for the defendant’s continuous infringement of the plaintiffs aforesaid business or registered name (sic) by way of continuing false representation and impersonation of the plaintiff’s registered name since 1992 …”

(d) and further and/or other reliefs”