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AGBROKO & ANOR
V.
THE DIVINE CHURCH OF GOD & ORS

(2013) JELR 35770 (CA)

Court of Appeal 7 Jun 2013 Nigeria
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- Key facts: The 1st Respondent is a registered Christian religious organization; the 2nd–4th Respondents are its registered trustees. The 1st Appellant, a former trustee and branch pastor, allegedly led a group to break away, declare auton

Case Details

Suit Number:CA/B/205/2002
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:Chief E. E. Esosuakpo For Appellant E. P. Akpoguma, Esq. For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The 1st Respondent is a Christian religious organisation whilst the 2nd-4th Respondents are Registered Trustees of the 1st Respondent. The 1st appellant is also a Registered Trustee of the 1st Respondent whilst the 2nd appellant is a member of the 1st Respondent.

The Respondents as plaintiffs, on 30th August, 2001 took out a writ of summons which was filed at the High Court of Justice, Ugheli, Delta state, against the appellants, as defendants. The endorsement on the writ of summons says:

"The 2nd-4th plaintiffs are Registered Trustees of the 1st plaintiff, a Christian religious organization dedicated to the preaching of the saving gospel of Jesus Christ. The 1st Defendant is a Registered Trustee of the 1st plaintiff and pastor of its Ugheli Branch within the jurisdiction of this Honourable court where the 2nd Defendants worship as member. Sometime in July, 2001, the Defendants instigated and led some misguided members of th…

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