Abraham Ojeleye V. The Registered Turstees of Ona Iwa Mimo Cherubim & Seraphim Church of Nigeria (2007)

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M. D. MUHAMMAD, J.C.A.

This is an appeal against the judgment of the Oyo State High Court, Coram Arasi J, delivered on the 16th day of July 1996 in suit NO.HSK/13/92. In the suit, the Respondent herein as Plaintiff claimed against the then Defendant, Appellant herein, as follows:-

(1) Declaration that the Plaintiffs are exclusively entitled to the customary Right of Occupancy in

respect of the church building and land situate, lying and being at Oke-Odo, Tede, Via Saki.

(2) Declaration that the Defendant having ceased to belong to Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas and having changed to New Ona Iwa Mimo Onimajemu C & S Church cannot continue to use the Plaintiff church situate, lying and being at Oke-Odo Tede via Saki,

(3) All order directing the Defendants to deliver lip possession of the said Church building and all other properties of Ona Iwa Mimo Cherubim and Seraphim Church to the Plaintiffs.

(4) An order for all account of all the monies collected at the Ona Iwa Mimo Cherubim and Seraphim Church Oke-Odo Tede since 1st May 1992 up to the date of judgment.

(5) Declaration that any change or purported change of name of the said church from Ona Iwa Mimo Cherubim and Seraphim to that of New Iwa Mimo Onimajemu C & S Church or any other name at all would be illegal, null and void.

(6) An order restraining the Defendant from using the said Church as a place of worship for the New Ona Iwa Mimo Onimajemu C & S Church or any other denomination whatsoever.

(7) An order res/raining the Defendants from changing the name of the said church to New Ona lwa Mimo Onimajemu C & S Church or into any other name at all.

Pleadings were filed, served and settled and the case proceeded to full trial. Plaintiff and the Defendant at the lower court would henceforth be referred to as Respondent and Appellant respectively.

Respondent’s case at the lower court is that they founded and established the Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas. They registered the church in 1984. The church has its headquarters in Igboho and branches including the Tede branch in other parts of Nigeria. Exhibit P1 is the certificate of the church’s registration.

Late Jacob Oke Adeola found and led the church both in Nigeria and Overseas. The leader sent Samuel Olabode, a minister in the church, to Tede with the instruction to establish the branch there. The then Onitede of Tede following a request by Samuel Olabode, made the Olaloje family of Tede to surrender a parcel of land at Oke-Odo, Same was granted to Samuel Olabode. The latter built the church’s branch on the parcel of land between 1953-1955. The church fell into disrepair and was rebuilt in 1976. Since its inception, the Tede branch of the church has always had its allegiance to the mother church at Igboho.

It is Respondent’s further case that in 1992 the Appellant led some members of the church to breakaway from the mother church. The breakaway faction formed the New Ona Iwa Mimo Onimajemu C & S Church but held onto Respondent’s church building at Tede. The faction’s refusal to vacate the Tede branch building of the church explains the instant action of the Respondent and the reliefs it sought against the Appellant at the lower court.