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REGISTERED TRUSTEES OF AUTO SPARE PARTS AND MACHINERY DEALERS ASSOCIATION & ANOR v. MR. OBOJIOFOR OBINNA JOHN & ORS

(2020) JELR 87089 (CA)

Court of Appeal  •  CA/L/1513/2018  •  18 Mar 2020  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA UGOCHUKWU ANTHONY OGAKWU JCA JAMILU YAMMAMA TUKUR JCA

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The contest in this appeal is all about tenure of office and alleged elongation of tenure. It is with respect to the Executive Officers of the Auto Spare Parts and Machinery Dealers Association (ASPMDA) [hereinafter referred to as ASPDMDA]. It is the case of the Respondents, as Claimants at the lower Court; that the ASPMDA Constitution under which the Executive Officers were elected stipulated a tenure of two years, but that the Executive Officers were seeking to elongate their tenure by claiming the four year tenure provided in the Amended Constitution which was adopted after they were elected. Au contraire, the Appellants contend that the Executive Officers took their oath of office under the Amended Constitution and that the tenure was for the four years provided thereunder.

The Respondents commenced an action by Originating Summons before the High Court of Lagos State in Suit No. LD/2588GCM/2018: Mr. Obojiofor Obin…

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