MIKA’ILU JCA (Delivering the Lead Judgment): In this appeal, the respondent as plaintiff sued the appellants as defendants in the High Court of Cross River State under the originating summons procedure in a matter dealing with the administration of the church registered under the Companies and Allied Matters Act, especially as to who is to act on behalf of the church in suspending or expelling the respondent as General Overseer/ most Snr. Apostle.
After hearing all the parties, the trial judge decided to give judgment in favour of the respondent in the following words:
“All the first three issues having been resolved in the positive, the last question for determination is if there is any merit in the claimant’s case. Again, in my view, the answer is in the positive.
That is, the claimant’s case against defendants is successful and he is also entitled to general damages which followed from defendants’ action: Ijebu-Ode Ltd v. Balogun and Co. (1991) 1 NWLR (Pt. 166) 133 at 142 held (si…