Snr. Evan. E. P. Ekanem & Ors. V. Emmanuel O. Alozie (2011)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
JA’AFARU MIKA’ILU, J.C.A. (Delivering the Leading Judgment)
In this appeal the Respondent as plaintiff sued the appellants as defendants in the High Court of Cross River State under the originating summons procedure in a matter dealing with the administration of the Church registered under the companies and Allied Matter Act especially as to who is to act on behalf of the Church in suspending or expelling the respondent as General Overseer/Most Snr. Apostle.
After hearing all the parties the trial Judge decided to give Judgment in favour of the Respondent in the following words:
“All the first three issues having been resolve (sic) in the positive, the last question for determination is if there is any merit in the claimant’s case. Again my view the answer is in the positive. That is the claimant’s case against Defendants is successful and he is also entitled to general damages which followed from Defendant’s action. See IJEBU-ODE LTD VS. BALOGUN AND CO. (1991) 1 NWLR (PT.166) 133 AT 142 held (sic) 13 mostly as no cogent reason had been stated in Defendants’ counter affidavit as to why plaintiff was suspended, and is accordingly hereby declared as follows:-
- Going by the constitution of the Church of Christ the Good Shepherd, the Defendants have no rights to suspend the plaintiff indefinitely as the most Senior Apostle/General Overseer of the Church of Christ the Good Shepherd.
- It is declared that the suspension letter dated 1st day of April, 2008 sign (sic) and issued by the defendants to the plaintiff is illegal null and void.
- The plaintiff is hereby reinstated as most senior Apostle/General Overseer of the Church of Christ the good Shepherd and
- The sum of N200,000.00 is hereby awarded as general damages in favour of plaintiff against Defendants who are hereby ordered to pay some to him (plaintiff) for the embarrassment they caused him.
- There shall be no order as to cost”.
On the other hand the Respondent did not formulate any issue but predicated his arguments on the issues formulated by the appellants.
I think the issues formulated by the appellants are sufficient to determine this appeal and accordingly I will determine this appeal by considering the said issues formulated by the appellants.
The first issue centres on the fatal issue of jurisdiction. Thus, the question posed here is whether the learned trial Judge was right to have assumed jurisdiction in this case. This issue is distilled from ground I of the grounds of appeal.
The learned counsel for the appellant has submitted that the learned trial judge ought not to assumed jurisdiction in this case as it is not the state High Court that has jurisdiction in this case but the Federal0.
High Court. He stresses that it is not in doubt that the reliefs the Respondent took to the High Court has to do with the operation of the companies And Allied Matters Act as the contention of the Respondent was that the “constitution of the church” which they submitted to the Corporate Affairs Commission for registration/incorporation do not allow his removal. The learned counsel for the appellants has drawn the attention of this court to the wording of the relief sought as follows:-
“A declaration that the Defendants have no right to sign a letter on behalf of the Church of Christ the Good Shepherd suspending the plaintiff as the Most. Snr. Apostle general Overseer of the Church of Christ the Good Shepherd.”
The leaned counsel for the appellants has also referred to paragraphs 6, 7, 8, of the affidavit in support of the originating summons where the Respondent stated as follows:-
“That myself, Eunice Alozie, 1st and 4th Defendants are the Trustees of the Church”
“That the constitution of the Church of Christ the Good Shepherd, which was submitted at C.A.C. Abuja for the registration/incorporation of the Church is hereby attached and marked as Exhibit “B”
That I am to hold office as General Overseer for life or until I resign which ever is earlier”.
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