CaseLaw
Reg. Trustees FTCCN V. Ikwechegh (2000) CLR 11(k) (CA)
Brief
Facts
Respondent in a representative capacity filed an ex-parte application for the enforcement of his fundamental rights praying the trial court for an interim order to set aside his ex-communication and expulsion and that of one Alex O. Okugo from membership of the Faith Tabernacle Congregation Church, Nigeria.
He sought an interim order to set aside the suspension and an order to remove the 2nd, 3rd and 4th appellants from their various offices in the 1st respondent church for not being fit and proper persons to hold their various offices in the church being guilty of embezzlement or of fraudulent misappropriation of various church funds particularly the sum of N1, 500,000.00 church fund set aside for school or education development. He also sought a restraining order against the appellants.
The trial court granted the respondent’s prayers.
On 13th October 1997, the respondent filed a motion on notice seeking prayers that were different from those contained in the ex-parte application.
Upon being served with the motion on notice and the drawn up order made in respect of the ex-parte application, the appellants filed an application challenging the jurisdiction of the court to entertain the application.
The trial court dismissed the objection and assumed jurisdiction to entertain the matter. The appellants were aggrieved and they appealed to the Court of Appeal.