(2011) JELR 46037 (CA)    

Court of Appeal  ·  CA/C/84/2010 ·  3 Jun 2011 ·  Nigeria
JA'FARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
locus standi
3rd defendant
further affidavit
support of the originating summons
learned trial judge
learned counsel
trial court
exhibit e2
1st defendant
exhibit e1
originating summons
2nd defendant
instant suit
reasonable cause of action
respective briefs of argument
second issue
1st defendant church
1st defendant ought
2nd july
brief facts of the case
contending parties
court processes
failure of the plaintiffs
file of the 1st defendant
first place
given circumstances of their complaints
given facts
instant appeal
interests of the appellants
issue of jurisdiction
judgment of the federal high court
leading judgment
notice of appeal
paragraph affidavit
paragraph counter affidavit
part of the trial court
plaintiffs members of the church of christ
points of law
registration of the 1st defendant
resultant effect of this course of action
said affidavit
see adimora v
statement of claim
such further consideration
suit no. fhc
support of their action

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Calabar Judicial Division in Suit No. FHC/CA/CS/64/09, delivered on 31st March, 2010 by C. J. Aneke, J, wherein the case was determined on the issue of jurisdiction predicated on the failure of the plaintiffs to establish their locus standi.

The brief facts of the case are as follows. The plaintiffs members of the Church of Christ the Good Shepherd. They claimed to have discovered that the 2nd defendant succeeded and registered the 1st defendant Church with the 3rd defendant without the approval of the church members and with an unapproved 2005 Constitution instead of the 2003 Constitution which was duly approved by the church members at their national convention and with the requisite resolution having been duly passed. The resultant effect of this course of action led the plaintiffs to institute the instant suit on 2nd July, 2009.

They took out an or…

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