Ekweozor & Ors V. Reg. Trustees Of The Saviours Apostolic Church Of Nig (2020)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Enugu Division or Lower Court or Court below dated 30th June, 2014, Coram: Massoud Abdulrahman Oredola, Emmanuel Akomaye Agim, Misitura Omodere Bolaji-Yusuf J.C.A.

The Appellants herein were the appellants in the Court below and defendants in the trial Court, while the respondent was respondent in the Lower Court and the plaintiff at the trial Court.

The appellants aggrieved with the decision of the Court below have come before the Supreme Court on six grounds of appeal vide a Notice of Appeal dated 11tah dy of July, 2014 and filed the same day.

FACTS RELEVANT TO THIS APPEAL:

The Respondent as plaintiff commenced this action at the High Court of Justice, Awka Judicial Division, in the then Anambra state of Nigeria vide a writ of summons dated 16th December, 1986. By the further Amended Statement of Claim dated 27th June, 2001, the respondent claimed against the appellants as follows:-

i. A declaration that the plaintiffs are entitled to a Statutory Right of Occupancy over the said premises of

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Saviour’s Apostolic Church of Nigeria situate at Awka, the annual value of which is about N10.00.

ii. General damages for trespass N2,000,000.00.

iii. Injunction restraining the defendants by their servants, agents or workmen from further interfering with the church premises aforesaid at Awka, or in any other manner inconsistent with the ownership and or possession of the said premises by the plaintiffs.

iv. Return of the properties of the church aforesaid named at paragraph 15 above or their estimated value thereof.

v. Account for all the monies found to be due to the plaintiffs which the defendants collected from S.A.C. Awka or accrued to them by virtue of remaining and or utilizing the church and/or by still holding out themselves as ministers of the said S.A.C. and payment to the plaintiffs or into the Court for plaintiffs’ use, starting from the 29th of December, 1977 till judgment in this case.

After considering the evidence of parties and the final submissions of respective counsel, the Trial Court entered judgment for the Respondent and granted all the above reliefs, except the claim for return of various