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 comp…