CaseLaw
The applicants in this application are also the Respondents in an appeal brought before this Court by the Respondents. Before the Federal High Court Lagos in suit No. FHC/4/CS/651/97, the Applicants were the Plaintiffs. They had brought their suit to challenge the enthronement of two persons who were in succession proposed to be the head of the Cherubim and Seraphim Society, that is, the 1st Respondent in this application. The case was allowed to stagnate, and the present Applicants believing that the Respondents might do the act which they had sought to restrain by their suit filed in succession three applications praying for interlocutory injunction. These applications were not heard. However on 10-6-2000, at a time when the suit and the applications filed by the Applicants were still pending, the Respondents ordained and installed the 2nd Respondent in this application as the head of the 1st Respondent church. In reaction, the Applicants brought yet another application on 21-06-2000 praying for an order that the ordination of the 2nd Defendant Respondent as the spiritual head of the 1st Defendant/Respondent be set aside. In reaction the Defendants/Respondents brought an application that the suit filed by the Applicants/Plaintiffs be struck out.
The trial Court partially acceded to the request of the Defendants/Respondents.
The applications filed by the Plaintiffs/Respondents were struck out. The 1st Plaintiff/Respondent was dissatisfied with the ruling of the trial Court. He brought an appeal before the Court below. The Court below in its judgment allowed the appeal. Dissatisfied with the decision of the Court of Appeal the Respondents appealed to the Supreme Court.
The Applicants/Respondents who were the Plaintiffs in the trial Court by their present application wish that the Appellants/Respondents' appeal to the Supreme Court be struck out.