In Re: Incorporated Trustees Of Acts Of Apostle Church & Ors V. The Registered Trustees Of Acts Of Apostle Church & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Lead Ruling)

This is an application by motion on notice dated and filed on the 14th day of November, 2014 by the applicants herein praying for the following orders:

“1. Extending the time within which to apply for leave to Appeal as an interested party against the Judgment of the High Court of Lagos State, Coram A.J. Coker (Mrs) sitting at the Ikeja Judicial Division and given on the 16th day of November, 2007 Between MRS. OLUFEMI FATUNDE & ORS VS. THE REGISTERED TRUSTEES OF ACTS OF APOSTLES CHURCH in Suit NO: LD/945/2003.

2. Leave to Appeal as an interested party against the Judgment of the High Court of Lagos State, Coram A.J. Coker (Mrs) sitting at the Ikeja Judicial Division and given on the 16th day of November, 2007 Between MRS. OLUFEMI ATUNDE & ORS VS THE REGISTERED TRUSTEES OF ACTS OF APOSTLES CHURCH in Suit NO. LD/945/2003.
3. Extending the time within which to Appeal as an interested party against the Judgment of the High Court of Lagos State, Coram A.J. Coker (Mrs) sitting at the Ikeja Judicial Division and given on the 16th day of November, 2007 Between MRS. OLUFEMI FATUNDE & ORS VS. THE REGISTERED TRUSTEES OF ACTS OF APOSTLES CHURCH in Suit NO. LD/945/2003.
4. Leave to raise a fresh issue of Law on appeal as an interested party against the Judgment of the high Court of Lagos State, Coram A.J. Coker (Mrs) sitting a the Ikeja Judicial Division and given on the 16th day of November, 2007 Between MRS. OLUFEMI FATUNDE & ORS VS. THE REGISTERED TRUSTEES OF ACTS OF APOSTLES CHURCH in Suit NO. LD/945/2003.
5. Deeming the Notice of Appeal filed by the Applicants as properly filed and served.
6. Granting a departure from the rules by allowing the record of appeal compiled in Suit No. LD/945/2003 in respect of Appeal No. CA/L/174M/2008 (now pending in Court 2) to be used as the main record of Appeal in the Appeal filed by the 1st to 3rd Applicants.
7. Consolidating the Appeal filed by the 1st to 3rd Applicants and arguing same together with the Appeal No. CA/L/174M/2008 now pending before Court No. 2.”

The grounds for the application as set out by the applicants in the motion paper are as follows:

“a) The High Court delivered Judgment on 16th November, 2007 granting the Respondent among other things, Possession of a 5 Acres of Land at Makoko, Aiyetoro, Ebute-Metta and held that the customary tenancy of the 1st Applicant has been determined.

b) The Appellant on record filed an Appeal against the Judgment on 30th November, 2007 in Appeal No. CA/L/174M/2008M which appeal is still pending.

c) The Appellant as constituted is not a Juristic Person and the issue goes to the Jurisdiction of the High Court of Lagos State to have entertained the Suit or give Judgment thereon.

d) During the pendency of the appeal, the Respondents proceeded to the High Court to file an application ex parte praying the Court for an order granting the Respondents permission to demolish wooden structures and any other structures on the land which is the subject matter of the pending appeal.

e) In the affidavit in support of the application ex parte, the Respondents disclosed among other things that they have executed a Warrant of Possession.

f) The Respondents also deposed that the order was meant to chase away thugs and hoodlums kept on the premises of the 1st Applicant.

g) The Learned Trial Judge failed to order the Appellant on record to be put on Notice before granting the Respondents’ Prayer as amended.

h) In the meantime, the Appeal pending against the main Judgment has proceeded and facts emerged that indeed a lot of persons including the Acts of Apostles Church, buildings in which many including the 2nd Applicant reside, the 3rd Applicant and very many families who worship in the Church are on the premises up to date.

i) In the process of enforcing the ex parte order of the High Court, the Nigerian Police, Lagos State Command has at various times attempted to enter the premises to arrest the Members of the Church, and the Applicants, demolish the buildings on the premises and displace over 5,000 residents who reside in the premises.

j) The Applicants are not aware of any Warrant of Possession and are still in occupation of the premises as no proper processes to eject them have been received and effected.