Patrick Oguowere & Ors V. Joseph Udeh & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 18-5-2009, the appellants as plaintiffs, filed an originating summons commencing suit No. O/170/2009 in the High Court of Anambra State in the Onitsha Judicial Division at Onitsha against the 1st and 2nd respondents herein as defendants, claiming for the following reliefs:

(a) ?A declaration that the respondents? tenure of office expired in June, 2006

(b) A declaration that the purported extension of the respondents? tenure of office by the General Meeting of Electronics Dealers Association on 30th May, 2006 is ultra vires the Constitution of electronics Dealers Association, Onitsha and therefore null and void.

(c) A declaration that the respondents continued stay in office upon the expiration of their tenure after June 2006 without being re-elected in accordance with the Constitution of the Electronics Dealers Association Onitsha is null and void.

(d) A declaration that the elective posts stipulated in the Constitution of Electronics Dealers Association became vacant upon expiration of the respondents? tenure in June, 2006.

(e) An order of

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injunction restraining the respondents from parading or representing themselves, either individually or collectively as executive member or members of Electronics Dealers Association.?

The originating summons raised the following questions for determination-

(1) ?Whether the respondents? tenure of office expired in June 2006 in accordance with the Constitution of Electronics Dealers? Association, Onitsha?

(2) Whether the purported extension of the respondents? tenure of office on 30th May, 2006 by the General Meeting of the Association was in accordance with the Electronics Dealers? Association Onitsha?s Constitution?

(3) Whether the respondents ought to remain in office after their tenure had expired without being reelected or the Constitution amended to warrant any extension of their tenure.

(4) Whether the elective posts of the Electronics Dealers Association became vacant after June, 2006.?