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AKUNWATA JOE OGUEJIOFOR ANYAEGBUNAM V. PASTOR OKWUDILI OSAKA & ORS

(2000) JELR 44023 (SC)

Supreme Court  •  SC.54/1994  •  3 Mar 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

KATSINA-ALU, JSC (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal, Enugu Division, delivered on 22 April 1993. The dispute is in respect of a parcel of land at Nkisi Ogbeozala inland Town Onitsha of which the plaintiff made a gift to the defendants as the named Trustees of a religious body known as The Light of Christ Praying Band Onitsha. Two years thereafter, the plaintiff sued the defendants claiming against them jointly and severally-

"(a) A declaration that the purported gift of the said property to the non-existent Light of Christ Praying Band is ineffectual, null and void and of no effect whatsoever;

(b) A declaration that the continued use of the said property by the 1st defendant as his personal property under the guise of the non-existent church organization is unlawful and derogates from the grant;

(c) An injunction restraining the defendants, their servants, agents, privies or as members of the aforesaid origination, from resorting …

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