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THE REGISTERED TRUSTEES OF THE CHURCH OF THE LORD v. JACOB KONAH SHERIFF

(2000) JELR 47333 (CA)

Court of Appeal  •  CA/B/25/97  •  11 Apr 2000  •  Nigeria

Coram
RAPHEAL OLUFEMI ROWLAND JCA; BABA ALKALI BA’ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Abutu J. of the Federal High Court sitting in Benin and delivered on the 29th of October, 1996.

The appellant in this appeal who was the plaintiff at the trial court instituted an action against the defendant now respondent by filing a writ of summons dated 23rd of November, 1994. The writ of summons reads as follows:-

"The plaintiffs claims (sic) against the defendants are for:

(1) An injunction restraining the defendant by himself, agents, privies, servants and/or adherents from enjoying the plaintiffs name (sic).

"The Church of the Lord (Aladura)" duly registered formerly under the Registration of the Business Names Act, but now under the Company (sic) and Allied Matters Decree No.1 of 1990 in the running, operation, organisation, management or howsoever, of the defendant's organisation (sic) now carried on at Ogodo Road extension, Sapele few yards from the plaintiff's Church (sic) at 113,…

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