AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 28/6/2007 by the High Court of Edo State holden in Benin City (hereafter simply referred to as "the lower court") presided over by Hon. Justice P. I. Imoedemhe (hereafter simply referred to as "the learned trial Judge").
The Appellants as Plaintiffs commenced the instant action before the lower court by a Writ of Summons dated 8/9/2003 and which issued on 9/9/2003. On the face of the Writ of Summons, the Appellants claimed to have brought the action for themselves and on behalf of the members and congregation of "Church of God (Aladura) of No. 115, Upper 2nd Cemetery Road, Evbotubu Quarters, Benin City". In the Statement of Claim filed in the case the Appellants averred amongst others that they brought the action "for themselves and on behalf of the members and congregation No. 115, Upper 2nd Cemetery Road, Evbotubu Quarters, Benin City". (See pages 1 - 2 and 44 - …