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THOMAS & ORS.
V.
OLUFOSOYE

(1986) JELR 45283 (SC)

Supreme Court 14 Feb 1986 Nigeria
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- The case involves a dispute over the appointment of a bishop in the Anglican Church in Lagos, Nigeria. - The plaintiffs, who are communicants of the church, filed a lawsuit claiming that the appointment was unconstitutional and should be

Case Details

Suit Number:SC.245/1985
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Mr. H. A. Lardner, S.A.N. - For the Appellants with him Miss M. I. Igbokwe. For Appellant Mr. G.O.K. Ajayi, S.A.N. - for the Respondent with him Mr. S.A. Faboro, Mr. C.G.O. Babatola, Mr. T. B. Akinyeye and Adeola Makinde (Miss). For Respondent
Other Citations:Thomas v Olufosoye (1986) 1 NWLR (Pt.18)669 (1986) All N.L.R 261 (1986) 2 S.C. 325, (1986) 1 NWLR (Pt. 18) 669

OBASEKI, JSC (Delivering the Leading Judgment): On the 18th day of December, 1985, this appeal came up for hearing before this Court orally. After hearing the arguments and submissions of learned counsel for the appellants and learned counsel for the respondent, I came to the decision that there was no merit in the appeal and I accordingly dismissed it and adjourned the delivery of my reasons for the judgment till today.

The sole issue for determination in this matter which fell within a very narrow compass was whether on the pleadings filed by the appellants who were plaintiffs in the action filed in the High Court of Lagos State, Lagos, the locus standi of the plaintiffs to institute the action was disclosed. This issue is of great legal importance as the existence or non-existence of the locus standi of any person suing determines whether or not the plaintiffs will be allowed to continue the litigation and be given a hearing. He can only invoke the judicial powers of the court if …

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