Ratio DecidendiRatio DecidendiRatio Decidendi


(1983) JELR 45260 (SC)    

Supreme Court  ·  SC.64/1982 ·  4 Nov 1983 ·  Nigeria
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
ahmadiyya movement
executive committee
change of name
5th defendants
1st defendant
federal court of appeal
learned justice
registered trustees of the ahmadiyya movement
islam nigeria
name of the movement
members of the ahmadiyya movement
12th day of may
statement of defence
1st defendants
articles of faith
behalf of the plaintiffs
constitution of the movement exhibit
2nd defendant
alhaji jose
amended writ of summons
anwar-ul-islam movement
benefit of such members
claim of ghullam ahmad
constitution of the former ahmadiyya movement
counsel mr. ajayi
executive committee of the ahmadiyya movement
former members of the ahmadiyya movement
further dichotomy of this issue
high court of lagos state
kinds of action
lawful ahmadiyya movement
leading judgment
learned justice of the court of appeal
learned lord justice
learned trial judge
moveable property of the said movement
name of the plaintiffs
particular purpose
power of amendment
present case
prophethood of ghulam ahmad
prophet hood of mirza ghulam ahmad
said constitution
said movement
such power
such property of the ahmadiyya movement

OBASEKI, J.S.C. (Delivering the Leading Judgment): Proceedings in this matter on appeal to this Court were commenced by a writ of summons filed in the High Court of Lagos State at Lagos on the 14th day of January, 1975. The claims endorsed on the amended writ of summons filed on the 8th day of December, 1976 read:

"1. A declaration that the resolution passed by the executive committee of the Ahmadiyya Movement-in-Islam on the 12th day of May, 1974 whereby it purported to change the name of the Movement to Anwar-ul-Islam Movement is null and void and is not binding on the plaintiffs.

2. A declaration that the plaintiffs and those who adhere to them alone fully represent the Ahmadiyya Movement-in-Islam Nigeria and are entitled to the whole lands and property belonging to the said Movement within Lagos State as at the 11th day of May, 1974 which were held by and vested in the 1st defendants as registered trustees on behalf of the plaintiffs and those adhering to them as constituting the …

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