OKELEZOH & ORS
V.
IZUAGE & ANOR

(2003) JELR 44095 (CA)    

Court of Appeal  ·  CA/B/141/2001 ·  10 Apr 2003 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MUHAMMAD S. MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
jurisdiction
appellants
issue of jurisdiction
matter
respondents
learned trial judge
order
order of interim injunction
trial court
federal high court
lower court
trial judge
grounds of appeal
interim order
issues
operation of the companies
supreme court
lack of jurisdiction
4th defendants
act of the national assembly
constitution of the federal republic of nigeria
exclusive jurisdiction
exercise jurisdiction
motion ex-parte
subject matter
abuse of court process
allied matter act
application fails
brother muhammad
church members
circumstance of this case
cognisance of matters
discharge of their duties
following cases
following grounds
honourable court
lawful activities of the 5th defendant
life trustees of the 5th defendant
lord muhammad
muhammad saifullahi muntaka-coomassie
no. perfection close
order of perpetual injunction
registrar of companies
such challenge
trial determination of an appeal

RABIU DANLAMI MUHAMMD, J.C.A., (Delivering the Leading Judgment): The respondents herein were the plaintiffs at the lower court. They sued the appellants in the Benin Judicial Division of the Edo State High Court claiming the following reliefs:

"1. A declaration that as life trustees of the 5th defendant the 1st to 4th defendants have no right to exclude the plaintiffs from the lawful activities of the 5th defendant.

2. A declaration that as life trustees the plaintiffs are entitled to their remuneration/allowance due to them from the activities of the 5th defendant to date.

3. A declaration that the exclusion of the plaintiffs from the activities of the 5th defendant by the 1st to 4th defendants is illegal unconstitutional, null and void.

4. An order setting aside a document dated 11th of June, 1999 as the document was executed involuntarily under undue influence exerted on the 1st plaintiff by the 1st and 2nd defendants.

5. An order of perpetual injunction restraining the defendants…

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