ALHAJI IMMAM N. ABUBAKRI & ORS
V.
ABUDU SMITH & ORS

(1973) JELR 80390 (SC)    
Supreme Court  ·  SC.195/1971 ·  27 Jun 1973 ·  Nigeria
 · 
Other Citations
(1973) A.N.L.R 634, (1973) 6 S.C. 24, (1973) LPELR-SC.195/1971.
CORAM
TASLIM OLAWALE ELIAS ....... Justice of the Supreme Court GEORGE SODEINDE SOWEMIMO ....... Justice of the Supreme Court DAN IBEKWE ....... Justice of the Supreme Court
Core Terms Beta
learned trial judge
statement of claim
cause of action
chief salami agboluaje
locus standi
representative capacity
supreme court
chief imam
limited liability companies
personal rights
present appeal
yesufu adeosun
lower court
present case
supreme court decision
abuse of the process of the court
accurate statement of account of the monies
constitution of the religious community
decision of the supreme court of nigeria
entire moslem community of ife
evidence of the appellants
following ground
general secretary of the jamat
high court of lagos state
ile-ife
individual interests of the plaintiffs
judgment of odesanya j.
leading judgment
main claim
majority of members
members of an unincorporated society
members of the jamat-ul-muslim of lagos
mr. ajose-adeogun
new set of rules
opposing factions
original constitution
plaintiffs' case
plaintiffs' claims
plaintiffs' statement
respect of an order
respect of limited liability companies
rights of the community
rulings of the learned trial judge
simple reason
subject-matter of the complaint
such officers
suit no. ld
support of the majority vote
trade unions
treasurer of the religious body

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Odesanya J., in Suit No. LD/485170 delivered in the High Court of Lagos State on 8th March, 1971, in which he dismissed the plaintiffs' claims for:

(a) an order restraining the defendants from holding out themselves as members or officers of the Executive Committee of the Jamat-ul-Muslim of Lagos,

(b) a true and accurate statement of account of the monies and other collections made by the defendants and payment over to the plaintiffs or a duly elected treasurer of the religious body, and

(c) surrender of all documents, including files, letters, books and paraphernalia of office, and other properties of the body held by the defendants as such officers.

The defendants filed no statement of defence to the plaintiffs' statement of claim but applied instead for the dismissal of the suit on the two alternative grounds (a) that even if the plaintiffs' averments in their statement of claim were admitted …

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