Snr. Supt. Apostle (Arc.) Jimi Ajidahun & Ors V. Victor Oladipo Olabode & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling delivered on 5th August, 2013 in the High Court of Ondo State holden at Akure in suit No AK/199/2011.

The Appellants and the Respondents belong to the Cherubim and Seraphim Church Oke-Igbala, No 13, Igboliki Street Akure. Both parties have a leadership tussle. The Appellants who are the Claimants in the lower Court say that leadership of the Church was since 2010 taken away from the 4th Respondent who was later joined in the suit as 4th Defendant and thrust upon the 1st Appellant.

?According to the Appellants they instituted the suit at the lower Court against the 1st – 3rd Respondents to prevent the latter from interfering in the smooth running of the church before the 1st – 3rd Respondents applied for the 4th Respondent to be joined in the suit. Before the suit proceeded to hearing, the Respondents brought an application before the lower Court praying for the following order:

?”An order compelling the 1st to 6th claimants/respondents allowing the 4th defendant/applicant to occupy his proper seat and position inside the inner alter (sic) as the

supreme Administrative Leader and spiritual Head of St. Julianah Cherubim and Seraphim Church, Oke-Igbala, No. 13 Igboliki Street pending the determination of the substantive suit.”

In its ruling delivered on the 5th August 2013, the lower Court at page 78 of the record of appeal stated thus:

“Finally, because all the parties agree that this church is founded or established at Akure by late Captain Julianah Omoleye who built and nurtured the church to maturity, and since the Law abhors a vacuum, the family of Julianah Omoleye shall hold a meeting and choose a family member who is already a high ranking member of the church to run the affairs of the church in the interim until the claim in Court is determined.”

The Appellants were aggrieved by the ruling and filed a notice of appeal against it on 15th August, 2013. The notice of appeal contains four grounds of appeal from which the Appellants presented the following three issues for determination:

“1. Considering the reliefs of the parties both in the claim of the appellants (plaintiffs at the lower Court) and the respondents (defendants at the lower Court) in the counter-claim, whether the learned trial

judge was not wrong in granting an order sought in the substantive case (relief) at the interlocutory stage (Ground I)

2. Was the learned trial judge not wrong in granting an order not asked for by the respondents in their motion under consideration which motion is dated and filed on 9/5/2013 at the lower Court (Ground II).
3. Whether an ancillary/consequential relief or order can be granted/made where a party cannot sustain the main relief or prayer in his motion (Ground III).”

The Respondents on the other hand formulated the following three issues for determination:

“1. Whether the Lower Court should or ought to have allowed a vacuum to exist in the Leadership and administration of the Church, (St. Julianah Cherubim and Seraphim Church, Oke Igbala, No: 13, Igoliki Street, Akure) having ruled thus, ?This Court has decided to lay aside the two contestants for the position of the Leadership in the Church.

2. Whether by the Ruling of the Lower Court dated the 5th day of August, 2013, the Court has determined the live issue in the substantive suit to prevent the Court from making an order to avoid vacuum in the Church

Administration.