Reverend Olu Aderibigbe & Ors V. The Registered Trustees Of The Church Of The Lord (Aladura) Worldwide & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 28/6/2007 by the High Court of Edo State holden in Benin City (hereafter simply referred to as “the lower court”) presided over by Hon. Justice P. I. Imoedemhe (hereafter simply referred to as “the learned trial Judge”).

The Appellants as Plaintiffs commenced the instant action before the lower court by a Writ of Summons dated 8/9/2003 and which issued on 9/9/2003. On the face of the Writ of Summons, the Appellants claimed to have brought the action for themselves and on behalf of the members and congregation of “Church of God (Aladura) of No. 115, Upper 2nd Cemetery Road, Evbotubu Quarters, Benin City”.

In the Statement of Claim filed in the case the Appellants averred amongst others that they brought the action “for themselves and on behalf of the members and congregation No. 115, Upper 2nd Cemetery Road, Evbotubu Quarters, Benin City”. (See pages 1 – 2 and 44 – 46 of the record). The Respondents filed a Statement of Defence to the Statement of Claim of the Appellants in the manner the Appellants brought the action.

In the Statement of Defence the Respondents averred amongst others that there is and has never been any Church or organization known as “Church of the God (Aladura)”. (See pages 47 – 51 of the record). As it can be discerned from the record, the Appellants filed an Amended Statement of Claim in the action. (The process is not in the record).

In reaction to that process, the Respondents on 28/11/2005 filed an Amended Statement of Defence and Statement of Counter Claim pursuant to the order of the lower court made on 24/11/2005. (See pages 62 – 67 of the record). In the process it was disclosed that the Appellants brought the action “for themselves and on behalf of the members and congregation of Elohi Church of God No, 115, Upper 2nd Cemetery Road, Evbotubu Quarters, Benin City”. This in my considered view presupposes that the Appellants had in their Amended Statement of Claim described themselves in that manner.

In the Amended Statement of Defence cum Statement of Counter-Claim of the Respondents amongst others averred that “there is and has been no Church or organization called or registered as “Church of God (Aladura)” or “Elohi Church of God”. It was thereafter that the Appellants procured an order of the lower court on 21/2/2006 pursuant to which the Further Amended Statement of Claim at pages 56 – 59 of the record was filed.

In the Further Amended Statement of Claim the claims of the Appellants against the Respondents jointly, as contained in paragraph 11 thereof are for:-

“(1) A declaration that the plaintiffs are entitled to continue to remain in possession of their property known as No. 115, Upper Second Cemetery Road, Evbuotubu (sic) Quarters, Benin City.

(2) A declaration that the plaintiffs are owners of the property known as No. 115, Upper Second Cemetery Road, Evbuotubu Quarters, Benin City are (sic) therefore entitled to certificate of occupancy.

(3) A declaration that agreement dated 7/9/76 over a parcel of land situate at Iguedayi Okhokhogo Village in word (sic) 43/B, now known as No. 115, Upper Second Cemetery Road, does not counter (sic) ownership on the Defendants.

(4) Perpetual injunction restraining the defendants, their servants, agents, assigns, privies, members or otherwise, however (sic) from, entering, taking over, superintending, taking possession of, or otherwise, however interfering with, the land, premises, church properly, (sic) members and congregation of the Church of God of No. 115, Upper Second Cemetery Road, Evbuotubu Quarters, Benin City.”

(See pages 58 and 59 of the records).

In this process, the Appellants averred to the effect that the 1st Appellant is the church leader and minister in charge of the Elohi Church of God (hereafter simply referred to as “the Elohi”) while the other Appellants are also ministers/officials of the Elohi. Having also made averments regarding the status and the positions of the 1st – 4th Respondents respectively, in relation to the Church of the Lord (Aladura) Worldwide (hereafter simply referred to as “the Aladura Worldwide”), the Appellants further put up the case to the effect that the 1st and 3rd Appellants and others bought the property/parcel of land then known and situate at Evbotubu Iguedaiogi Okhulhugbo Village in Ward 43/B in Benin City, measuring about 100ft by 200ft demarcated by Ward Beacons Nos. 302/A and 302/B. The parcel of land will hereafter be simply referred to as “the land” while the Church thereon will be referred to as “the disputed property” wherever the context so admits, Claiming that no part of the purchase price for the land was paid by the Respondents or any of them, the Appellants further set out what they did with the Respondents vis-a-vis the disputed property on the land on the basis of the good “affiliate relationship” existing between the parties. It is not only the case of the Appellants that they are in the process of registering their Church but also that the Respondents from whom they have never received any form of money and/or subvention have no legal right over the land and the disputed property. Stating to the effect that the 1st and 2nd Respondents intended sending the 3rd Respondent to take over the land and disputed property, (and which intended action the Secretariat of the Respondents confirmed to have been done sometime in September 2003), the Appellants averred that they and the principal members of the Elohi will use all legal means available to them to prevent the forcibly entry of the Respondents to superintend or take over the land and the disputed property. It is against the backdrop of these facts that the Appellants claimed the reliefs hereinbefore set out, against the Respondents jointly.