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SUP. APOSTLE S. A. ALAO & 7 ORS V. MOST ELDER APOSTLE ADETOLA OSINOWO & 3 ORS

(2003) JELR 53370 (CA)

Court of Appeal  •  CA/I/150/97  •  2 Dec 2003  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA FRANCIS FEDODE TABAI JCA

Judgement

OKUNOLA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Adewolu J of the High Court of Ogun State of Nigeria holden at Abeokuta dated 10/1/97 in which the defendants/appellants’ preliminary objection (after being served with the writ of summons) that the lower court sitting at Abeokuta High Court lacks territorial jurisdiction and is incompetent to entertain the present suit was dismissed. The facts of this case briefly put were as follows: The plaintiffs at the lower court claimed six reliefs as contained in the writ of summons paragraphs “a - f’ of exhibit AP1 as follows: “(a) A declaration that there is no provision of Chancellor or Legal Adviser in the Constitution of the Sacred Cherubim and Seraphim Church of Nigeria and the ascription of the title to the 2nd defendant is unconstitutional, null and void and of no effect.

A declaration that all the letters written by the 2nd defendant especially the letters dated 17/10/96 to the 5th defendant purportin…

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