UDOMA, J.S.C. (Delivering the Leading Judgment)-This is an appeal against the judgement of the High Court, Ibadan, in Suit No. 1/225/1966 in which the appellants as plaintiffs therein had sought:-
(i) A declaration that the constitution of the Islamic Missionary Society is as contained in the Printed Revised Edition of 1949 and not as in the "Reprinted Edition of 1966"; and
(ii) an injunction to restrain the defendants from conducting the affairs of the Society on the basis of the alleged "Reprinted Edition of 1966."
Pleadings were ordered and duly filed and delivered. On the pleadings the issue contested by the parties was a narrow one. It was as to whether the 1966 reprinted edition of the constitution of the Islamic Missionary Society was valid. The appellant contended that it was not valid because:-
(i) the amendments therein contained were not passed by a properly constituted executive committee of the Society as there was no legally and duly elected executive committee for the y…