CORAM

PARTIES

1. J. SUNKANMI DAIRO2. MR. WILSON3. THE REGISTERED TRUSTEES OF THE ASSEMBLY OF GOD4. E. A. OGUNMAYIN5. AYODELE MEGBUNAWON6. AYODELE OLOWOLAGBA7. RUFAI FASHOLA AJAYI (As the Head and Representative of the Oloto Chieftaincy Family) APPELLANTS

THE REGISTERED TRUSTEES OF THE ANGLICAN CHURCH RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff now Respondent instituted an action in the High Court claiming the sum of N11,000.00 being special and general damages for trespass committed by the Defendants  now Appellant on the Plaintiffs land lying and situate at Iwaya, Lagos state of Nigeria, which said piece and parcel of land is covered by a deed of conveyance dated 30th day of June, 1948 and registered as No 42 at page 42 in volume 770 of the register of Deeds in the Land Registry, Lagos and an order of injunction restraining the Defendants, his servants and /or agents from committing further acts of trespass on the said land.  The trial court in a reserved judgement dismissed the Plaintiff’s first claim but granted the second claim. Dissatisfied with the judgement, the Appellants appealed to the Court of Appeal, which allowed the appeal in part by dismissing the second claim of the Plaintiff/Respondent and in its place granted an order of injunction and damages. The Appellant has appealed to this court against the judgement of the lower court contending that from the facts adduced at the trial court the Respondent has not established its legal capacity to institute this action.

HELD

Appeal Allowed

ISSUES

?    Whether from the facts of this case as contained in the printed record, it can be said that the respondent has the legal capacity to institute this action, and if not, Whether the trial court had the requisite jurisdiction to entertain respondent’s suit and Whether  the Court of Appeal was right to affirm such jurisdiction – Grounds 1, 4 and 5.?    Whether the appellants admitted the juristic personality of the respondent and if at all whether such admission of the appellants can confer juristic personality on the respondent Where none exists -?    Whether based on the foregoing, the respondents can maintain an action in trespass against the appellants

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Companies and ALLIED Matters Act Cap 59 Laws of the Federation of Nigeria 1990Evidence ActLand (Perpetual Succession)Act

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