Defendant/respondent founded a Church known as St. Joseph's Chosen Church of God. He was the Apostle, the Elect of God and Founder of the Church.

The Church grew and acquired landed properties in Bendel State as well as in other parts of Nigeria. The church had 3 important books for the use of its members. These are

The Rules and Regulations set out the aims and objects of the institution and the mode for the management of its properties and the appointment of trustees. The church was incorporated under the Land (Perpetual Succession) Act. A Certificate of Incorporation No. 717 of 1964 was granted to the church in terms of the Rules and Regulations.

In the certificate the defendant/respondent was described as sole trustee, spiritual head and life chairman having been so duly elected by the church. The defendant/respondent was then married to only one wife under Customary Law.

During the Civil War in 1967, the defendant/respondent appointed cer¬tain of his Pastors with the responsibility of adminis¬tering the church in Bendel State in his absence.

During the war years, he got married to 6 additional wives. Upon the war ending, the defendant/respondent decided to visit the Church but news of his marriage to 6 additional wives preceded him.

This situation led to members of the church meeting and ex-communicating the defendant/respondent from the church and appointed the plaintiffs/appellants as new trustees and also purportedly procured their registration under the Land, (Perpetual Succession) Act on the ground that the subsequent marriages by the defendant/respondent contravened the Immutable Rules and conducts which 'prohibited polygamy. The defendant/respondent resisted his ex-communication.

Plaintiffs/appellants instituted the action seeking a declaration that the defendant/respondent has ceased to be a member of the church; an order removing the defendant/respondent as sole trustee of the church; an order appointing plaintiff/appellant as now trustees of the church in place of defendant/respondent; and an account etc.

The High Court, Bendel State, refused to grant the declaration sought; the order of removal of the defendant/respondent as sole trustee of the church; and the order appointing the plaintiffs/appellants as new trustees of the church and dismissed the suit in these respects but ordered account of the plaintiffs/appellants.