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REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH, ETC V. ATTORNEY-GENERAL, MID- WESTERN STATES & ORS

(1972) JELR 42447 (SC)

Supreme Court  •  SC.323/1970  •  27 Apr 1972  •  Nigeria

Coram
ADETOKUNBO ADEMOLA JSC; CHARLES OLUSOJI MADARIKAN JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The 1st appellant, who was the plaintiff in the High Court, sued the 1st defendant/respondent at the Ubiaja High Court, in the Mid-Western State in Suit No. U/1O/68. The claim in that suit reads:-

"The plaintiffs' claim against the defendant is as follows:-

(1) A declaration that the plaintiffs are the proprietors of Apostolic Church School, Amoya-Otuo and Apostolic Church School, Igarra. (Both schools are within the jurisdiction of this court.)

(2) A declaration of title to the said school buildings, the land on which they stand and everything appertaining thereto, in favour of the plaintiffs.

(3) A declaration that the decision or order of the 3rd defendant [now 2nd respondent] made on or about 17th April, 1965 transferring the said schools to the 4th defendant is unlawful, invalid and therefore null and void."

After a lengthy hearing the learned trial judge concluded his judgment in favour of the defendants in the followi…

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