Ratio DecidendiRatio DecidendiRatio Decidendi



EGUBSON AND ORS
V.
IKECHIUKU

(1977) JELR 46327 (SC)    

Supreme Court  ·  SC.183/1975 ·  3 Jun 1977 ·  Nigeria
 · 
Other Citations
(1977) All N.L.R 194 Egbuson v. Ikechiuku (1977) 6 S.C. 1
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
chosen church of god
perpetual succession
immutable rules
learned trial judge
rules
certificate of incorporation
additional wives
bendel state
chief rotimi williams
high court
customary law
exhibit e
lord overtoun
appointment of the plaintiffs
date of the issue of the writ
member of the saint joseph
parcel of land
certificate of incorporation no.
correct account of all properties
court finds
court power
date of the order of his removal
essential central doctrines
federal ministry of lagos affairs
first general executive council meeting
following books
instant case
judgment of the high court of the former midwestern
knowledge of the plaintiffs
member of the methodist church
members of st joseph
new certificate of incorporation
new wives
office of the sole trustee
original rules
possession of the defendant
present appeal
principal questions
properties of religious bodies
purpose of incorporation
registered trustee of the institution
removal of the defendant
said church of all properties
said church of all sums
sole trustee of saint joseph
sole trustee of the saint joseph
such account
trustee of the church
trustees of the church

SIR UDO UDOMA, JSC (Delivering the Leading Judgment): This appeal is from the judgment of the High Court of the former Midwestern, now Bendel State, holden at Benin dated 28th February, 1974. The appeal has been instituted by the appellants, who as plaintiffs, had claimed for themselves and on behalf of all the other members of St Joseph's Chosen Church of God against the respondent, therein defendant, the following:

"(i) a declaration that the defendant has ceased to be a member of the Saint Joseph's Chosen Church of God;

(ii) an order for the removal of the defendant as a sole Trustee of Saint Joseph's Chosen Church of God;

(iii) an order for the appointment of the plaintiffs as Trustees of the Church aforesaid;

(iv) an order that the defendant do render a true and correct account of all properties, moneys and other assets or benefits which he has received in his capacity as sole trustee of the Saint Joseph's Chosen Church of God up to the date of the order of his removal or up to s…

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