C.A. BANJO & ORS VS ETERNAL SACRED ORDER OF CHERUBIM AND SERAPHIM

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