Pastor Emmanuel Jovi Agbroko & Anor V. The Divine Church Of God & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The 1st Respondent is a Christian religious organisation whilst the 2nd-4th Respondents are Registered Trustees of the 1st Respondent. The 1st appellant is also a Registered Trustee of the 1st Respondent whilst the 2nd appellant is a member of the 1st Respondent.

The Respondents as plaintiffs, on 30th August, 2001 took out a writ of summons which was filed at the High Court of Justice, Ugheli, Delta state, against the appellants, as defendants. The endorsement on the writ of summons says:

“The 2nd-4th plaintiffs are Registered Trustees of the 1st plaintiff, a Christian religious organization dedicated to the preaching of the saving gospel of Jesus Christ. The 1st Defendant is a Registered Trustee of the 1st plaintiff and pastor of its Ugheli Branch within the jurisdiction of this Honourable court where the 2nd Defendants worship as member.

Sometime in July, 2001, the Defendants instigated and led some misguided members of the Ugheli Branch of the 1st plaintiff to declare themselves autonomous and seized the properties of the 1st plaintiff in their possession contrary to the express provision of the Constitution of the 1st Plaintiff.

WHEREFORE the Plaintiffs claim against the Defendants jointly and or severally as follows:

I. A DECLARATION that the Defendants, having broken away from the 1st Plaintiff are not entitled to keep and retain properties of 1st plaintiff in their Possession.

II. AN ORDER compelling the Defendants by themselves, their cohorts, followers, supporters, agents, servants and privies to surrender and deliver to the Plaintiffs all properties of the 1st Plaintiff in their possession.

III. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, supporters, agents, servants and privies from further worshiping at the headquarters or any of the branches of the 1st Plaintiff or using any of its properties.

Dated at Warri this 22nd day of August, 2001”

The appellants, on receipt of the said writ of summons and having filed their memorandum of appearance, filed a motion on notice, which prayed for an order:

“Striking out this suit on the grounds that this Honourable Court lacked the jurisdiction to entertain same”

The said application was argued by learned counsel to the parties. In his ruling, the learned trial judge, dismissed the application, to the effect that it had the jurisdiction to entertain the respondents’ claim. This appeal is against that decision of the learned trial judge.

The appeal was anchored on two grounds of appeal. The appellants, in prosecuting the appeal filed their brief of argument dated 5th October, 2006 which was settled by Chief E. L. Akpofure, SAN on 10th October, 2006 and the same with the leave of this court sought and obtained, was deemed filed on 11th June, 2010. In it, a sole issue for determination was distilled from the two grounds of appeal. It is whether having regard to the reliefs claimed by the respondents, the lower court has jurisdiction to entertain the matter.