Ogbonnaya N. Godwin V. The Christ Apostolic Church (1998)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

The plaintiffs sued the defendant in the Enugu High Court claiming :-

(a) An order of court compelling the defendant to render an account and hand over to the plaintiff all the property of the church which came into his possession by virtue of his employment in the church including the official seal of the church, motor vehicles, office equipment, files, books, records, electric generating plant, loudspeakers, et cetera, a list of which was filed with the plaintiffs’ statement of claim dated 5th September. 1980.

(b) An account of all monies standing to the credit of the church both in the bank and in the personal custody of the defendant and/or his treasurer as at the 29th of November. 1979 and payment over to the plaintiffs of the balance so found.

(c) An injunction restraining the defendant by himself or through his servants, agents and privies from molesting the members of the Christ Apostolic Church in any or their churches and parsonages in Anamhra State or in any other manner whatsoever interfering with the worship of the said members or the church in the plaintiffs’ church houses at Abakaliki, Enugu and throughout Anambra State.

Pleadings were ordered filed and exchanged. The cast’ proceeded to trial before Okadigbo. J. At the close of hearing he dismissed the claims of the plaintiffs in their entirety. They appealed to the court or Appeal and the appeal succeeded to the extent that the defendant was ordered to render account to the plaintiffs in respect of the two bank accounts at the African Continental Bank Ltd. Uwani and Co-operative and Commerce Bank Ltd. Okpara Avenue. Enugu respectively. Aggrieved by that decision, the defendant has appealed to this court,

Briefs of argument were filed in compliance with the rules of this court. From the three grounds of appeal filed, the defendant submitted the following issues for determination in the appeal:-

(1) Whether the plaintiffs had made out a case against the defendant for account and whether the defendant had ever failed in his duty to render an account of the two bank accounts at African Continental Bank and Co-operative and Commerce Bank Ltd. Uwani Enugu.

(2) Whether the case is properly constituted when all the signatories to the two bank accounts were not made parties in the case.

(3) Whether it is competent for the Court of Appeal to order the defendant alone to render an account at the African Continental Bank Ltd. Uwani Enugu and Co-operative and Commerce bank Ltd .. Okpara Avenue. Enugu when all the signatories to the two accounts including the Area Treasurer of the Christ Apostolic Church were not before the Court of Appeal.

The plaintiffs identified two issues as arising for determination in the appeal. The plaintiffs’ issue number two covers issue numbers two and three formulated by the defendant and I will consider the defendant’s last two issues in the manner formulated in the plaintiffs’ second issue. The plaintiffs’ issues for determination read:

“(i) Whether the lower Court was Oil tile evidence right in ordering the defendant to render account in respect of the two bank accounts at African Continental Bank Ltd. and Co-operative and Commerce Bank Ltd

(ii) Whether the case was properly constituted in the absence of the Joinder of the other signatories to the action.”

A brief statement of the facts is desirable for the purpose of this judgment. The defendant was a pastor in the plaintiffs’ church (Christ Apostolic Church of Nigeria). He was also the Assistant General Superintendent of the said church based in Enugu. He was ordained a pastor of the church in 1962. In his position as the Assistant General Superintendent, he supervised all the churches in the then Anambra and Imo States and occupied the property of the church at No.92. Agbani Road. Enugu as his parsonage. As the Assistant General Superintendent of the plaintiffs’ church, he had custody and possession or the church properties, documents of title, titles and record books. Following his refusal to go on transfer to Kano, he was dismissed by the plaintiffs with effect from 30th November. 1979 by a letter Exhibit “G”. He also refused to vacate the parsonage at No.92, Agbani street, Enugu until he was evicted through court process. He established his own church called Christ Ascension Church thereafter with branches in the former Anambra and Imo States. Subsequently, the plaintiffs instituted the action giving rise to the present appeal and claimed the reliefs set out above. The defendant denied being an employee of the plaintiffs and in possession of any or the properties of the plaintiffs. It was also his contention all along that he is not an accounting party.