UWAIFO, JCA (Delivering the Leading Judgment): Two appeals are considered in this judgment. The main appeal is by the plaintiff and the cross-appeal by the 1st defendant. Both arise from a judgment of P.C. Onyia. J., delivered on 28th February, 1989 at the Onitsha High Court. The dispute is in respect of a parcel of land at Nkisi Ogbeozala Inland Town, Onitsha of which the plaintiff made a gift to the defendants as the named Trustees of a religious body known as The Light of Christ Praying Band Onitsha. After a couple of years, the plaintiff sued the defendants claiming against them jointly and severally -
"(a) A declaration that the purported gift of the said property to the non-existent Light of Christ Praying Band is ineffectual null and void and of no effect whatsoever;
(b) A declaration that the continued use of the said property by the 1st defendant as his personal property under the guise of the non-existent church organization is unlawful and derogates from the grant;
(c) An i…