ETERNAL SACRED ORDER OF CHERUBIM V. ADEWUMI & ORS

• Pages: 114-128

114

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

ETERNAL SACRED ORDER OF CHERUBIM V.

ADEWUMI & ORS

ETERNAL SACRED ORDER OF THE

CHERUBIM AND SERAPHIM

V

ADEWUMI & 8 OTHERS

SUPREME COURT OF NIGERIA

COKER,

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Ag. C.J.N.

MADARIKAN,

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J.S.C.

FATAL-WILLIANIS. J.S.C.

3rd April, 1969.

APPELLANTS

RESPONDENTS

Company Law - Companies - Legal proceedings - Internal irregularities adversely

affecting company's property and management - Courts will interfere by way

of injunction - Parties - Company proper plaintiff in action to vindicate

expulsion of members and recover company property - Objection to proceedings

in company name raised by preliminary application not in defence - Powers

of company - Exercise of company's powers - Exercise adversely affecting

company's property and management - Injunction.

ISSUES:

1.

Who is the proper plaintiff in an action to vindicate the removal of a party from

a company, and recover company property from such party ?

2.

Whether a party to an action should raise the question of the other party's

authority to institute proceedings in a company name by way of defence, or

upon a preliminary application.

FACTS:

The plaintiffs brought an action in the High Court of Lagos State against the de-

fendants for a declaration that the defendants were no longer members of the plain-

tiffs' organisation, an injunction, and the return of money and property.

The plaintiffs, a religious organisation of which the defendants were members,

wen

-

e incorporated under the Companies Act (Cap.37). By their Articles of Asso-

ciation, full power of control, management and direction was given to an officer

styled the 'Baba Aladura', who was to be assisted by a Board with merely advisory

functions. Factions and local branches, among them the defendants, began to act

independently, using the organisation's name and there were divisions in the Ad-

visory Board. On the Board's advice, the Baba Aladura dismissed the defendants

from the organisation. They continued to hold themselves out as members and

took possession of a prayer house, claiming it as their separate property.

The plaintiffs instituted the present proceedings, claiming a declaration that the

defendants were no longer members, an injunction against their interference with

the management of the prayer house or any other of the plaintiffs houses of prayer,

and the surrender and return of all money and property of the plaintiffs in the de-

fendants possession by virtue of their membership.