(1970) JELR 45781 (SC)    

Supreme Court  ·  SC.236/1967 ·  20 Feb 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 21
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
executive committee
instant case
learned counsel
meeting of the executive committee
1st october
2nd appellants
absence of an express power
affairs of the society
careful consideration
constitution of the islamic missionary society
contention of the respondents
decision of the court of appeal
edition of the constitution of the islamic missionary society
executive committee meeting
executive committee of the society
extreme caution
general principle
general secretary
grant of a declaration
great care
implication of such finding
judgement of the high court
ladies imperial club ltd.
leading judgment
learned trail judge
legal submissions
majority of the membership of the executive committee
members of the society
much enunciations of legal principle
only competent authority
particular cases
peter egbuna
p.n. ottih
printed revised edition
proper case
recent case
result of a proper exercise of his judicial discretion
said constitution
such evidence
such purpose
support of the appellants

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…

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