EKANEM & ORS V. THE REGISTERED TRUSTEES OF THE CHURCH OF CHRIST THE GOOD SHEPHERD & ORS

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): This appeal is against the order made by the Court of Appeal, Calabar Division (Court below) in the judgment delivered on the 3rd June, 2011 allowing the Appellant’s appeal, that the Appellants’ suit No. FHC/C/CS/64/2009 be heard afresh on the merit before the Federal High Court, Calabar (trial Court) after the filing and exchange of pleadings by the parties. In the named suit, the Appellants had, by way of originating summons dated and filed on the 2nd July, 2009 against the Respondents before the trial Court, sought for the determination of the following questions :-

“1. Whether the 2003 constitution (Exhibit E1) of the 1st Defendant supersedes the 2005 constitution (Exhibit E2) used for the registration of the 1st Defendant?

2. Whether it was the 2003 constitution (Exhibit E1) of the 1st Defendant which ought to have been used while registering the 1st Defendant instead of the 2005 constitution (Exhibit E2)?

3. Whether th…