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CaseLaw

Ekweozor V. Reg. Trustees, Saviours Apostolic Church of Nigeria (2020) CLR 3(g) (SC)

Judgement delivered on March 13th 2020

Brief

  • Findings of fact based on credibility of witnesses
  • Burden of proof – Effect of failure to discharge burden
  • Technicalities – Appellate court attitude to
  • Jurisdiction of Court – What determines
  • State High Court Jurisdiction – Jurisdiction over land matters
  • Fresh point on appeal – Propriety of
  • Court – Duty of to base decisions of facts and the Law
  • Company Incorporation – How proved
  • Burden of proof in Civil case – Nature of and types of
  • Pledge of Land – Burden and Onus of proof
  • Section 680(1)(a) of the Companies and Allied Matters Act 1990
  • Section 682 of the Companies and Allied Matters Act 1990
  • Section 7(1)(c) of the Federal High Court Act 1990
  • Section 152(1)(e) of the 1999 Constitution (as Amended)
  • Section 597(1) of the Companies and Allied Matters Act 1990
  • Section 597(2) of the Companies and Allied Matters Act 1990
  • Section 85(1) of the Evidence Act 2004
  • Section 89 of the Evidence Act 2004
  • Section 105 of the Evidence Act 2004
  • Section 39(1) of the Land Use Act 1978
  • Section 39(2) of the Land Use Act 1978
  • Section 3 of the Lands (Perpetual Succession) Act
  • Section 133(2) of the Evidence Act
  • Section 136 of the Evidence Act
  • Section 137 of the Evidence Act
  • Section 152(1)(e) of the 1999 Constitution (as Amended)

Facts

This is an appeal against the judgment of the Court of Appeal, Enugu Division or Lower Court or Court below dated 30th June, 2014, Coram: Massoud Abdulrahman Oredola, Emmanuel Akomaye Agim, Misitura Omodere Bolaji-Yusuf J.C.A.

The Appellants herein were the appellants in the Court below and defendants in the trial Court, while the respondent was respondent in the Lower Court and the plaintiff at the trial Court.

The appellants aggrieved with the decision of the Court below have come before the Supreme Court on six grounds of appeal vide a Notice of Appeal dated 11tah day of July, 2014 and filed the same day.

FACTS RELEVANT TO THIS APPEAL

The Respondent as plaintiff commenced this action at the High Court of Justice, Awka Judicial Division, in the then Anambra state of Nigeria vide a writ of summons dated 16th December 1986. By the further Amended Statement of Claim dated 27th June 2001, the respondent claimed against the appellants as follows:

  • i.
    A declaration that the plaintiffs are entitled to a Statutory Right of Occupancy over the said premises of Saviour's Apostolic Church of Nigeria situate at Awka, the annual value of which is about N10.00.
  • ii.
    General damages for trespass N2,000,000.00.
  • iii.
    iii. Injunction restraining the defendants by their servants, agents or workmen from further interfering with the church premises aforesaid at Awka, or in any other manner inconsistent with the ownership and or possession of the said premises by the plaintiffs.
  • iv.
    iv. Return of the properties of the church aforesaid named at paragraph 15 above or their estimated value thereof.
  • v
    Account for all the monies found to be due to the plaintiffs which the defendants collected from S.A.C. Awka or accrued to them by virtue of remaining and or utilizing the church and/or by still holding out themselves as ministers of the said S.A.C. and payment to the plaintiffs or into the Court for plaintiffs' use, starting from the 29th of December, 1977 till judgment in this case.

After considering the evidence of parties and the final submissions of respective counsel, the Trial Court entered judgment for the Respondent and granted all the above reliefs, except the claim for return of various vehicles by the Appellants to the Respondent which was dismissed.

Dissatisfied with the judgment of the Trial Court, the appellants filed a Notice of Appeal dated 25th September, 2007 and subsequently by leave of Court filed additional Grounds of Appeal dated 10th March, 2007.

On the 30th June 2014, the Court below affirmed the judgment of the Trial Court, dismissing the appeal for lacking in merit hence the appeal to this Court as the appellant were dissatisfied.

Issues

Whether the action was competent having been commenced by the...
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