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WORLD MISSION AGENCY INC. V. CHIEF OLUFEMI SODEINDE & ANOR

(2012) JELR 34990 (CA)

Court of Appeal  •  CA/I/213/2010  •  30 Nov 2012  •  Nigeria

Coram
MONICA B. DONGBAN MENSEM JCA CHIDI NWAOMA UWA JCA JOSEPH SHAGBAOR IKYEGH JCA

Appearances
Mr. J. O. Mbamalu (with Mr. F. J. Ayemere and Miss A. O. Anichebe) For the Appellant; Mr. A. O. Ayanlaja, S.A.N. (with Mr. Alli) For the Respondent.

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is sequel to a Ruling of the High Court of Justice of Ogun State sitting in Ota in the Ota Judicial Division (the court below) dismissing the preliminary objection brought by the appellant challenging its juristic existence as defendant against the respondents' suit at the court below.

The background facts were that the respondents sued the appellant using the name and title of World Mission Agency Inc.' They claimed five reliefs against the appellant, The said reliefs were tied to disputed ownership of a parcel of land in the Gbalefa Peninsular in Ado-Odo/Ota Local Government Area of Ogun State.

The application for a writ of summons accompanied a statement of claim. Both maintained the description of the appellant as defendant in the name and style of 'World Mission Agency Inc'. The appellant did not file statement of defence. It sponsored a notice of preliminary objection attacking the juristic personality …

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