Apostle Peter Ekweozor & Ors V. The Registered Trustees Of Saviours Apostolic Church Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the judgment of Anambra State High Court holden at Awka which was delivered in suit No. AA/120/86 on 31st July, 2007.

The respondent as the plaintiff before the Lower Court in the Further Amended Statement of Claim dated and filed on 17th June, 2001 inter alia claimed against the appellants as the defendants as follows:

“1) A declaration that the plaintiffs are entitled to a Statutory Right of Occupancy over the said premises of Saviour’s Apostolic Church of Nigeria situate at Awka the annual value of which is about N10,000.00

2). General damages for trespass N2,000,000.00

3. Injunction restraining the defendants by themselves, their servants, agents or workmen from further interfering with the church premises aforesaid at Awka, or in any other manner inconsistent with the ownership and or possession of the said premises by the plaintiffs.

4) Return of the properties of the Church aforesaid named at paragraph 15 above or their estimated value thereof.

5). Account for all the monies found to be due to the plaintiffs which the defendants collected from S.A.C. Awka or accrued to them by virtue of remaining and or utilizing the church and or by still holding out themselves as Ministers of the said S. A. C. and payment of the same to the plaintiffs or into the Court for plaintiffs’ use, starting from the 29th of December, 1977 till judgment in this case”.

The case went to trial and both parties called witnesses. In a well considered judgment, the Lower Court entered judgment in favour of the respondent except the claim for return of vehicles which was “dismissed for not having been substantiated by evidence”. The appellants being dissatisfied with the judgment initially filed only one ground of appeal. Twelve (12) additional grounds were filed on 10th March, 2009. The 13 grounds of appeal without their particulars are:-

(1) ERROR IN LAW

“The learned trial judge erred in law when he assumed jurisdiction, entertained and entered judgment in this suit even, as the State Court lacks the jurisdiction to entertain the suit as constituted.

(2) ERROR IN LAW

“The learned trial judge erred in law when he held “The plaintiffs therefore having tendered the original certificate of their Incorporation Exh. “C” has satisfied the requirements of the law———-. An association that has been incorporated has legal personality. It can sue and be sued in its corporate name. I hold therefore that the plaintiffs are duly registered and as such are competent to sue”.

(3) ERROR IN LAW

“The learned trial judge erred in law when he held “In the instant case, the application Exhibit ‘R’ was made in writing and signed by the person who made the application and it contains the several particulars applicable to the case. The Federal Ministry of Internal Affairs acted on it and granted Exhibit C. Exhibit C – a certificate of incorporation having been granted, is conclusive evidence by virtue of section 6 of the Land (Perpetual Succession Act Cap. 98) that all the preliminary requisitions contained therein and required in respect of such incorporation mentioned in the certificate – Exhibit C is deemed (sic) as the date at which incorporation of the plaintiffs took place.