Apostle Ekanem R. Ekanem & Ors. V. Bishop Rowland O. Obu (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA J.C.A. (Delivering the Leading Judgment)

Endorsed on the writ of summons issued at the Registry of the High Court of Justice Cross River State, Calabar Judicial Division dated 3/4/08 is the Plaintiffs’ (now Appellants) claims against the Respondent (then defendant) as follows:

“(a) An order declaring every trespass threat and attempt by the defendant to forcefully eject tenants from the subject matter, and to demolish the property without the consent and the Authority of the Holy Father and the Plaintiff’s as illegal, unlawful and ultres vires.

(b) An order of perpetual injunction restraining the defendants from further trespass, encroachment threat, and, or embarrassment of the tenants of No 18/22 Efio-Okoho Street Calabar, and of the Plaintiffs and the Brotherhood of the Cross and Star, Worldwide.

(c) General damages of N12m (Twelve Million Naira) for the embarrassment and apprehension inflicted on the tenants, the Plaintiffs members and owners of the subject matter by the ultra vires act of the defendant”.

In paragraph 12, of the statement of claim filed with the writ of summons on 3/4/2008 the plaintiffs claimed reliefs slightly different from the claims endorsed on the writ reproduced above.

They are:

(1) “A declaration that every trespass threats and invasion into the 18/20

(ii) Efio- okoho Street Calabar, with the motive to forcefully eject tenants from the subject matter and demolish the subject matter, without the consent, knowledge and approval of the Plaintiff and the Spiritual Head of the Brotherhood of the Cross and Star, unlawful, ultra vires null and void.

(2) An order of perpetual injunction restraining the defendant, his allies Agents and cohorts from further trespass encroachment of the subject matter howsoever to the embarrassment of consternation of the Plaintiffs, the leader and the Brotherhood family worldwide.

(3) General damages of N12m (Twelve Million Naira) only.”

Upon service on him of the writ and statement of claim the defendant (Respondent) moved the trial Court orally by way of preliminary objection to strike out the case on the ground that the action as constituted is incompetent. Both Counsels addressed the Court on the preliminary Objection.

In the ruling delivered on 5/5/08 the learned trial Judge held that

“This action as presently constituted, not in the name of the alleged owner of the property in issue/dispute is incompetent and is in consequence struck out. See page 44 of the records.”