ALHAJI GANIYU AMOKOMOWO V. ALHAJI IMAM GAFARU ANDU

M. L. UWAIS, JSC (DELIVERING THE LEADING JUDGMENT): In an action brought in Lagos State High Court, Ikeja, by the respondent, as plaintiff, against the appellant, as defendant the following reliefs were sought by the plaintiff:

1. A declaration that the plaintiff, Alhaji Chief Imam Gafari Andu is the duty appointed Chief Imam of the Central Mosque, Ikorodu.

2. A declaration that the defendant, Alhaji Ganiyu Sanni Amokomowo is not the duly elected Chief Imam of the Central Mosque, Ikorodu.

3. An injunction restraining the defendant, his servants or agents or any person or persons from holding out the defendant as the Chief Imam of the Central Mosque, Ikorodu.

Pleadings were settled, and later amended. In his amended statement of claim the plaintiff made the following averments in paragraphs 2a, 2b, 2c, 3, 5, 6 and 9-

"2a. The plaintiff avers that before his appointment as the Chief Imam of Ikorodu Central Mosque and his turbanning on the 7th December, 1976, he was one of the Imam Ratibis of…