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TUNJI GOMEZ & ANOR V. CHERUBIM AND SERAPHIM SOCIETY & ORS.

(2009) JELR 47185 (SC)

Supreme Court  •  SC.67/2005  •  8 May 2009  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; JAMES OGENYI OGEBE JSC;

Judgement

G A. OGUNTADE, J.S.C (Delivering the Lead Ruling): The applicants in this application are also the respondents in an appeal brought before this Court by the respondents. Before the Federal High Court Lagos in suit No. FHC/4/CS/6S 1/97, the applicants were the plaintiffs. They had brought their suit to challenge the enthronement of two persons who were in succession proposed to be the head of the Cherubim and Seraphim Society, that is, the 1st respondent in this application. The case was allowed to stagnate, and the present applicants believing that the respondents might do the act which they had sought to restrain by their suit tried in succession three applications praying for interlocutory injunction. These applications were not heard. However, on 10-6-2000, at a time when the suit and the applications filed by the applicants were still pending, the respondents ordained and installed the 2nd respondent in this application as the head of the 1st respondent church. In reaction, the ap…

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