ALIYU NMODU VS THE STATE
August 22, 2025SEISMOGRAPH SERVICES LIMITED VS BENEDICT ETEDJERE ONOKPASA
August 22, 2025REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH, ILESHA VS ATTORNEY-GENERAL OF THE MID-WESTERN STATE OF NIGERIA
Legalpedia Citation: (1972) Legalpedia (SC) 18186
In the Supreme Court of Nigeria
Thu Apr 27, 1972
Suit Number: SC. 323/70
CORAM
MADARIKAN, JUSTICE OF THE SUPREME COURT
MADARIKAN,JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
THE REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH, ILESHA AREA, NIGERIA, WEST AFRICA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff point of conflict with the defendant is as to the ownership of the two schools and church at Igarra and Amoya-Otuo.
HELD
The Court held that the appeal must be dismissed and it is hereby dismissed
ISSUES
Whether or not the learned trial judge erred when it held that the Plaintiffs have not satisfied this court that they are the Registered Trustees of the Apostolic Church, Ilesha Area, Nigeria, West Africa, the capacity in which they have instituted this action.
RATIONES DECIDENDI
CORPORATE BODY; HOW ESTABLISHED
“There is no evidence before the court that the Appellant was ever a corporate body. This could only be established as a matter of law by the production in evidence of the Certificate of Incorporation, admission inter parties notwithstanding.” SOWEMIMO, AG. JSC
EFFECT OF NOT ESTABLISHING CORPORATE PERSONALITY
“The Corporate Status of Appellants not having been established, then under Land (Perpetual Succession) Act, no property could be vested in the named Trustees and neither could they sue or be sued.” SOWEMIMO, AG. JSC
CASES CITED
STATUTES REFERRED TO
Land (perpetual Succession) Act
