OJELEYE
V.
THE REGISTERED TRUSTEES OF ONAIWA MIMO.

(2007) JELR 44028 (CA)    

Court of Appeal  ·  CA/I/86/2002 ·  14 Jun 2007 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
trial court
lower court
plaintiff
parcel of land
samuel olabode
s church
ona iwa mimo cherubim
appellate court
oke-odo
onitede of tede
seraphim church
oke-odo tede
quality of the evidence
witness box
appellant counsel
lead judgment
seraphim church of nigeria
determination of the appeal
evidence of dw1
learned trial judge
plaintiff church
respect of the church building
breakaway faction
change of name of the said church
consideration of relevant facts
conversion of the appellant
dw1 n15
full trial
granted land
judgment of the oyo state high court
leading judgment
light of the evidence
lip possession of the said church building
lower court decision
purpose of the grant of the land
record of appeal inter alia
required parcel of land
respondent worthy of its 1st 2nd
see page
seraphim church oke-odo tede
testimony of pw1
then defendant
view of evidence

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court, Coram Arasi J, delivered on the 16th day of July 1996 in suit NO.HSK/13/92. In the suit, the Respondent herein as Plaintiff claimed against the then Defendant, Appellant herein, as follows:-

(1) Declaration that the Plaintiffs are exclusively entitled to the customary Right of Occupancy in

respect of the church building and land situate, lying and being at Oke-Odo, Tede, Via Saki.

(2) Declaration that the Defendant having ceased to belong to Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas and having changed to New Ona Iwa Mimo Onimajemu C and S Church cannot continue to use the Plaintiff church situate, lying and being at Oke-Odo Tede via Saki,

(3) All order directing the Defendants to deliver lip possession of the said Church building and all other properties of Ona Iwa Mimo Cherubim and Seraphim Church to the Plaintiffs.

(4) An order for all…

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