CHIEF S.B. BAKARE & ANOR VS ALHAJI ADO IBRAHIM
August 15, 2025SILAS UKADIKE VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 10113
In the Supreme Court of Nigeria
Wed Jun 27, 1973
Suit Number: SC. 195/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
ALHAJI IMMAM N. ABUBAKRI & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant brought an action against the respondents for an order restraining the defendants from holding out themselves as members or officers of the Executive Committee of the Jamat-ul-Muslim of Lagos and an order directing the respondents to render a true and accurate statement of account of the moneys and other collections made by the defendants and payment over to the plaintiffs or a duly elected Treasurer of the religious body, amongst others
HELD
The court held that the Rule in Foss v. Harbottle applies to an unincorporated association possessing a constitution or a set of rules and regulations entitling it to sue and be sued as a legal entity, and that the Jamat-ul-Muslim of Lagos is such a body. It follows that the Rule in Foss v. Harbottle applies to this religious body in the same way and to the same extent as it does to a limited liability company or a trade union.
ISSUES
Whether the appellants had capacity to bring the action.
RATIONES DECIDENDI
WHEN THE RULE IN FOSS VS HARBOTTLE WILL NOT OPERATE
It is necessary to add that the Rule would not apply to individual members who can establish that their personal rights, as distinct from those of the union (or the Jamat in the present case), have been invaded- ELIAS, CJN
CASES CITED
Edwards & Anor. v. Halliwell & Ors. (1950) 2 All ER 1064, at p.1066
Foss v. Harbottle 67 E.R. 189
Alhaji Agbaje & Ors. v. Chief Salami Agboluaje & Ors., S.C. 236/1967 decided on February 20, 1970
Heyting v. Dupont & Anor. (1963) 3 All ER 97
Abbatt and Others v. Treasury Solicitor and Others (1969) 1 WLR 1575.”
Bello Asani & Ors. v. Yesufu Adeosun (1966) NMLR 268
Amalgamated Society of England & Ors. v. Jones 29 T.L.R. 484, at p. 485
Cotter v. National Union of Seamen (1929) 2 Ch.D. 58
Schweikert v. Burnell (1953) N.S.W. 821.
McDougall v. Gardiner (1875) Ch.D. 13, at p. 21
Cotter v. National Union of Seamen (1929) 2 Ch. 58
Edwards & Anor. v. Halliwell & Ors. (1950) 2 All ER 1064
STATUTES REFERRED TO
None
