Akunwata Joe Oguejiofor Anyaegbunam V. Pastor Okwudili Osaka & Ors (2000)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

This appeal is from a judgment of the Court of Appeal, Enugu Division, delivered on 22 April 1993. The dispute is in respect of a parcel of land at Nkisi Ogbeozala inland Town Onitsha of which the plaintiff made a gift to the defendants as the named Trustees of a religious body known as The Light of Christ Praying Band Onitsha. Two years thereafter, the plaintiff sued the defendants claiming against them jointly and severally-

“(a) A declaration that the purported gift of the said property to the non-existent Light of Christ Praying Band is ineffectual, null and void and of no effect whatsoever:

(b) A declaration that the continued use of the said property by the 1st defendant as his personal property under the guise of the non-existent church organization is unlawful and derogates from the grant;

(c) An injunction restraining the defendants, their servants, agents, privies or as members of the aforesaid origination, from resorting to or using in any way the said property for whatever purpose connected with the said organization or at all.

In a reserved judgment the learned trial Judge found for the plaintiff. He made the following declarations and order:

“1. The gift of the said property to the Light of Christ Praying Band is void for want of incorporation on the part of the praying band.

2. The continued use of the said property by 1st defendant as his personal property is unlawful and derogates from the grant.
3. A trust having been created by the gift to the 1st, 2nd, 3rd, 4th, 5th and 6th defendants, by operation of law, they are now constructive trustees of the donor’s estate and are to hold the property for no other purpose other than that for which the grant was originally made and retained.”

The defendants’ appeal to the Court of Appeal was allowed. That court set aside the three reliefs granted by the learned trial Judge. The entire claim of the plaintiff was dismissed. This appeal is from that judgment. The plaintiff/appellant has submitted five issues for determination, namely:

i. Whether the Court of Appeal was right in holding that the gift made in Exhibit H was made to the named parties therein and not as was clearly in contemplation of the parties, to the purported Church organization called the light of Christ Praying Band

ii. Whether as held by the Court of Appeal Exhibit H created a Trust which settled the legal interest thereof on the named parties, inspite of the pleadings and evidence adduced in support thereof at the trial

iii. Even if the Court of Appeal was right in the view it held that the named persons were duly constituted Trustees for the non-existent organisation, did such a trust offend against morality, public policy and/or the provisions of an existing statute, as will render the said transaction invalid

iv. Was the Court of Appeal right in dismissing the main appeal lodged by the appellant herein after upholding the complaints on the appeal as well founded

v. Was the Court of Appeal right in the view it took on the records of evidence that the 1st defendant/respondent in this appeal was not converting the use, occupation and ownership of the property forming the grant to his personal property, contrary to the parties’ expressed intentions OR was that court justified in interfering with the findings of fact based on the evidence adduced at the trial

in that regard