ODUYEMI, JCA (Delivering the Lead Judgment): The 1st plaintiff inthis case is a religious association whose trustees were registered in 1984 under the Land (Perpetual Succession) Act, the forerunner of Partof the present Companies and Allied Matters Act, Cap. 59, Laws of the Federation of Nigeria, 1990.
The subject of the dispute is title to land upon which the church together with the pastorium thereof situate at New Bussa, Niger State, known prior to 9th February, 1992 as Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas was built. There was division in the Church on 9th February, 1992 when 1st defendant who officiated as Pastor-in-charge of the Church announced to the congregation that the name of the Church at New Bussa would from thenceforth be “ New Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas ”. 1st and 2nd plaintiffs then filed an action at the High Court of Niger
State in the New Bussa Judicial Division (hereinafter called the lower …