CORAM

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UDOMA JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

IRIKEFE JUSTICE, SUPREME COURT

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PARTIES

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CHIEF JAMES EGBUSON

TIMOTHY OKAKA

DANIEL IGHODARO

JAMES OJO

APPELLANTS 

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JOSEPH IKECHIUKU

RESPONDENTS 

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AREA(S) OF LAW

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COMPANY LAW-APPOINTMENT OF TRUSTEES

 

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SUMMARY OF FACTS

The respondent found a church and gave immutable rules and regulations for the church. He was later alleged to have flouted these rules by marrying 6 more wives during the civil war. The other trustees moved to appoint new trustees and remove the founder as sole trustee. He was absent from the meeting where this was decided.

 

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HELD

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The court held that the attempt to appoint new trustees in the absence of the sole trustee was invalid.

 

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ISSUES

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1. Whether the court has power to declare a certificate of incorporation void,

2. Whether what is the effect of a certificate of incorporation

 

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RATIONES DECIDENDI

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EFFECT OF A CERTIFICATE OF INCORPORATION

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As a general proposition of law, the court has no power to declare void a certificate of incorporation issued by a Minister of State or Commissioner or Registrar as duly incorporating an institution under the provisions of a statute. PER UDO UDOMA JSC

 

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ESSENCE OF A CERTIFICATE OF OCCUPANCY

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“The Certificate of incorporation has the effect of vesting in such body corporate all land or any interest therein belonging to or held by any person or persons in trust for such community or association of persons.” PER UDO UDOMA JSC

 

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CASES CITED

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1. GENERAL ASSEMBLY OF THE FREE CHURCH OF SCOTLAND V. OVERTOWN &ORS (1904) AC 515

2. THE ETERNAL SACRED ORDER OF THE CHERUBIM & SERAPHIM& ORS V ADEWUNMI (1969) AFRICAN LAW REPORT VOL 2 PG.273

3. HENDERSON V. HENDERSON IN RE: HENDERSON (1940) CH 764

4. JUBRIL MARTINS & ORS V. SAKA TINUBU ORS13 NLR 124

 

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STATUTES REFERRED TO

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Not Available

 

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