REV. RUFUS IWUAJOKU ONUEKWUSI & ORS V. THE REGISTERED TRUSTEES OF THE CHRIST METHODIST ZION CHURCH

CORAM

SAIFULAHI MUHAMMAD MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT

BODE RHODES VIVOUR, JUSTICE, SUPREME COURT

PARTIES

REV. RUFUS IWUAJOKU ONUEKWUSI REV. DANIEL EKEJI REV. ADOLPUS AGUIHE REV. MOSES EWURUM REV. EUGENE AHAOTU HON. JUSTICE NGOZI OPARA MR. NELSON NWOLE MR. MARCEL OGUIKE CHIEF FRANCIS NWAGIRIGA APPELLANTS

 THE REGISTERED TRUSTEES OF THE CHRIST METHODIST ZION CHURCH

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff at the High court is a Religious Body known as and called THE CHRIST METHODIST ZION CHURCH. It was founded in 1942 and has branches all over Nigeria including Mbiere. It was a member of an International council of Christian churches with Headquarters at AMSTERDAM. The overall headquarters of the Church was situated at OBAZU MBIERE. The plaintiff took out a writ of summons claiming, a declaration that the defendants were no longer ministers’ and members of the Christ Methodist Zion Church, an order of the Court for the defendants to surrender and/or return to the plaintiffs all monies and properties of the Christ Methodist Zion Church in their possession or custody by virtue of their membership and position in the said Christ Methodist Zion Church, and an injunction perpetually restraining the defendants. At the conclusion of trial, the trial court found in favor of the plaintiffs/respondents. The appellants were dissatisfied with the decision of the trial court and they appealed unsuccessfully to the court of Appeal. Still not satisfied, they further appealed to the Supreme Court.

HELD

The appeal lacked merit and was dismissed.

ISSUES

1. Whether the Court of Appeal was right in holding that the suit of the plaintiff/respondent was competent.Whether the Court of Appeal was right when it held that the respondent was not bound by the merger because they had not been at the Methodist Church Nigeria Conference at Oturkpo?

2. Whether the Court of Appeal was right in holding that the resolution to merge with the Methodist Church Nigeria was unconstitutional?

RATIONES DECIDENDI

EFFECT OF DEATH OF A MEMBER IN A CORPORATE BODY

“In a corporate body, the death of a member or more of that body cannot alter the legal position of a corporate body or deprive it of its power to sue or be sued.” Per IBRAHIM TANKO MUHAMMAD, J.S.C.

THE EFFECT OF INCORPORATION

“The effect of incorporation or registration of a company, firm etc. is to confer on it legal entity as a person separate and distinct from its members. It is a legal person with personality of its own. It is more than a mere association of individuals. It becomes an artificial legal entity once the formal procedure of registration or incorporation has been complied with.” Per IBRAHIM TANKO MUHAMMAD, J.S.C.

NATURE OF CLAIM DETERMINES THE JURISDICTION OF THE COURT

“It is the nature of the claim placed before a court that determines whether that court has jurisdiction over the subject matter or not.” Per IBRAHIM TANKO MUHAMMAD, J.S.C.

CASES CITED

Adeyemi & Ors v. Opeyori (1976) 10 SC 31 at p.51Tukur v. (1989) 4 NWLR (Pt.117) 517Solomon v. Solomon & Co. Ltd. (1897) A. C.22Alhaji Ajao v. Mrs. sonol & Anor (1923) 8 NSCC 304 at 306, 307Adesokan v. Adetunji (1994) 5 NWLR (pt.346) at 540

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT