The Registered Trustees Of Abosso Apostolic Faith Church Of Jesus Christ V. Bro Sunday Nna & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

This interlocutory Appeal emanated from the ruling of Hon. Justice Z. B. Abubakar of the Federal High Court Umuahia Division, delivered on 22/6/2009 wherein His Lordship rejected the document dated 15/10/98 sought to be tendered by the Appellant who are also plaintiff at the lower court.

SUMMARY OF FACTS

The Appellant who are the Registered Trustees of Abosso Apostolic Faith Church of Jesus Christ sued the defendants claiming some declaratory and injunctive reliefs to wit:

i. A declaration that the defendants have since the 9th of November, 1998 seized to be members of the churches Aba 1 Branch committee, the old committee to which they belong having been dissolved.

ii. An order compelling the defendants to hand over all documents records, properties and monies belonging to the ABOSSO APOSTOLIC FAITH CHURCH OF JESUS CHRIST, now in their possession to the present church committee of the No.25 Lagos Street, branch of the church, validly constituted and recognized by the NATIONAL EXECUTIVE COUNCIL (NEC) OF THE CHURCH.

iii. An order compelling the defendants to render account of all monies and properties that came into their possession as members of the dissolved church committee of No.25 Lagos Street Branch Aba, from the period they came into office until the said committee was validly dissolved, and thereafter all such monies and properties obtained while unlawfully holding themselves out as still members of the church committee and to hand over all such monies and properties to the church committee aforesaid.

iv. An order of perpetual injunction restraining the defendants either by themselves or agents from further interfering interrupting, intermeddling and or in whatever way disrupting the legitimate activities of the 25 Lagos street Aba, branch of the church or any other branch for that matter, including the wrongful use of the police or thugs to assault, intimidate arrest and or harass, law-abiding, ministers, officials and members of the Plaintiff’s church.

v. An order compelling the defendants to pay to the plaintiff the sum of EIGHTY MILLION NAIRA (N80M) representing special and general damages suffered by the plaintiffs church as a result of defendants gross misconduct in the affairs of plaintiff’s church aforesaid.

In the course of the evidence of Elder J. I. Igwe (PW1) the Appellants sought to tender the letter dated 15th day of October 1988 with which the 1st Respondent was allegedly suspended. The counsel for the Respondents objected to the admissibility of the document on the grounds that it is a photocopy and no notice was given to the Respondents to produce the original. The learned judge after taking arguments from both sides ruled and rejected the document. It is against the said ruling that the Appellants brought this interlocutory Appeal.

GROUNDS OF APPEAL

By a Notice of Appeal dated 1st of July, 2009 the appellants raised the following grounds of appeal without their particulars:

GROUND ONE:

The learned trial judge erred in law by rejecting the Plaintiffs/Appellants secondary documentary evidence on the 22nd day of June 2009, tendered in the course of hearing on the grounds that it did not comply with provisions of Section 98 of the Evidence Act.