MR. ISRAEL IDOWU & ORS V. THE REGISTERED TRUSTEES OF ONA IWA MIMO CHERUBIM AND SERAPHIM CHURCH OF NIGERIA AND OVERSEAS

MOPUPE FASANMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Oyo State sitting at High Court No.2 Oyo delivered on the 18th of April 2007.

The brief facts of the case that can be gleaned from the pleadings and the evidence before the lower Court are that the Respondents were the plaintiffs at the lower Court. It is their case that the late Baba Aladura J.O. Adeola was the founder of Ona Iwa Mimo of C&S; Church of Nigeria and overseas with headquarters at Igboho and branches in many towns including the one in dispute at New Aketan, Oyo, Oyo state. It is their case that the late Adeola was granted land by Aketan community on which the church building was built through members' contribution. It was in their evidence that one Prophet Olubi Idowu was posted to New Aketan branch of the church from Ogboora by late Baba Aladura Adeola to head it. In 1992, late Prophet Olubi Idowu (the father of the 1st Appellant) the 2nd and 3rd …