ARMEL’S TRANSPORT LTD V. MADAM ATINUKE MARTINS
August 29, 2025MATTHEW BABALOLA & ANOR V. THE STATE
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 11313
In the Supreme Court of Nigeria
Fri Feb 20, 1970
Suit Number: SC.236/1967
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
ALHAJI AHMED AGBAJE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants had recognized the respondents as officers of their association before the suit and attended the general meeting of the association at which the 1966 constitution was referred to the executive committee for ratification. They subsequently sought to void the constitution after ratification by the committee.
HELD
The court held that the 1966 constitution of the association was valid and the appellants were stopped from saying the contrary.
ISSUES
Whether the 1966 reprinted edition of the constitution of the Islamic Missionary Society was valid
RATIONES DECIDENDI
AMENDMENT OF THE CONSTITUTION OF AN ASSOCIATION
AMENDMENT OF THE CONSTITUTION OF AN ASSOCIATION
in the absence of an express power to alter the rules governing a club, such power can be implied from a favourable response by a majority of members by their acquiescence in a change of constitution. Per Udoma J.S.C
CASES CITED
Square v. Square [1935] All E.R. 781
Abbatt and Others v. Treasury Solicitor and Others [1969] 1. W.L.R. 1575.
IkebifeIbeneweka and Others v. Peter Egbuna and Another [1964] 1 W.L.R. 219
STATUTES REFERRED TO
