MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment): This appeal is against the ruling of the Federal High Court sitting in Uyo, Akwa Ibom State delivered on the 10th day of May 2016, overruling the defendant’s preliminary objection.
The respondents as plaintiffs at the lower court took out a concurrent writ of summons and statement of claim respectively filed on 21/12/2015, wherein they claimed declaratory and injunctive reliefs against the appellants herein, jointly and severally. Upon service of the originating processes, the defendants filed a conditioned appearance, a joint statement of defence and a motion on notice praying for an order striking out the suit on the following grounds:-
(a) The claims of the claimant being a claim for recovery of land/premises, possession/occupation and interest in land/church buildings cannot be entertained by this honourable court.
(b) The interest on the assets, properties of the incorporated Trustees of United Evangelical Church (as now…