B.O. BENSON VS LAWRENCE OTUBOR
August 9, 2025AJAYI-OBE VS THE EXECUTIVE SECRETARY
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 01111
In the Supreme Court of Nigeria
Thu Mar 13, 1975
Suit Number: SC. 245/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
C.A. BANJO & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents to this appeal were the plaintiffs in an action instituted by that company in the High Court, Lagos, against the appellants as defendants in that court. The plaintiffs writ is endorsed as follows:-
The plaintiffs claim against the defendants jointly and severally:-
(i) a declaration that the registered Memorandum and Articles of Association of the plaintiffs as registered on the date of incorporation has never been validly amended;
(ii) a declaration that the defendants are no longer members of the Eternal Sacred Order of Cherubim and Seraphim; and
(iii) an injunction restraining the defendants, their servants and agents from claiming to be members of or interfering with the properties (real and personal) of the plaintiffs or attending any of the plaintiffs churches for purpose of worship without the permission of the Baba Aladura for the time being.
HELD
The appeal failed and was dismissed.
ISSUES
Whether the trial Court Judge was right in considering the application.
RATIONES DECIDENDI
ABUSE OF COURT PROCESS
The term “abuse of the process of the court” connotes that the process of the court must be used only bona fide and not improperly as a means of vexation and oppression.-Per George B. A. Coker, JSC
EXERCISE OF POWER TO SET ASIDE OR STAY PROCEEDINGS ON THE GROUND OF “ABUSE OF THE PROCESS OF THE COURT”
The power to set aside or stay proceedings on the ground of “abuse of the process of the court” would only be exercised with great circumspection and judicial discretion and would not be exercised where the grounds for the stay or striking out is being sought or where the sting of the complaint could not be discovered unless and until it is elicited by evidence- Per
George B. A. Coker, JSC
ABUSE OF COURT PROCESS
where the matters upon which the complaint is founded or rather where the complaint of a defendant cannot be deciphered until evidence is settled on that count, that Rule could not be successfully invoked. -Per George B. A. Coker, JSC
CASES CITED
Selangor United Rubber Estates Limited v. Cradock & Ors. No. 4 (1969) 1 WLR 1773
the Privy Council in Electrical Development Co. of Ontario v. Attorney-General for Ontario and Anor. (1919) A.C. 68
STATUTES REFERRED TO
