Ratio DecidendiRatio Decidendi



BANJO & ORS.
V.
ETERNAL SACRED ORDER OF C. & S.

(1975) JELR 46205 (SC)    

Supreme Court  ·  SC.245/74 ·  13 Mar 1975 ·  Nigeria
 · 
Other Citations
BANJO & 38 ORS. v. ETERNAL SACRED ORDER OF CHERUBIM AND SERAPHIM (1975) 3 S.C. (REPRINT) 26
CORAM
GEORGE B. A. COKER Justice of The Supreme Court of Nigeria GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
application
rule
defendants
action
learned trial judge
order
plaintiffs
provisions of order
abuse of the process of the court
motion
court
further affidavit
affidavit
high court
rules of the supreme court
counter-affidavit
english rules
eternal sacred order of cherubim
sidney jimmy larte lawson
writ of summons
articles of association of the plaintiffs
circumstances of this case
consent of the eternal sacred order of cherubim
earl beauchamp
first lord beauchamp
first place
following orders
general secretary
j.s.c
leading judgment
limited liability company
members of the eternal sacred order of cherubim
next place
number of procedural matters
order of the court
own status
present proceedings
privy council
reasonable cause
rules
said conference
secretary of the eternal sacred order of cherubim
stage of the proceedings
sting of the complaint
substance of the application
support of the motion
supreme court practice

COKER, J.S.C (Delivering the Leading Judgment): The respondents to this appeal were the plaintiffs in an action instituted by that company in the High Court, Lagos, against the appellants as defendants in that court. The plaintiffs' writ is endorsed as follows:-

"The plaintiffs' claim against the defendants jointly and severally:-

(i) a declaration that the registered Memorandum and Articles of Association of the plaintiffs as registered on the date of incorporation has never been validly amended;

(ii) a declaration that the defendants are no longer members of the Eternal Sacred Order of Cherubim and Seraphim; and

(iii) an injunction restraining the defendants, their servants and agents from claiming to be members of or interfering with the properties (real and personal) of the plaintiffs or attending any of the plaintiffs' churches for purpose of worship without the permission of the Baba Aladura for the time being."

An order for pleadings was duly made by the High Court and barring …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login