OROGAN & ORS. V. SOREMEKUN & ORS.

• Pages: 1231-1245

OROGAN & ORS. V. SOREMEKUN & ORS.



1231

OROGAN & ORS. V. SOREMEKUN & ORS.

5

1.

MOHAMMED OROGAN

2.

MUFUTAU OSAYEMI

10

3.

RAFIU MOHAMMED

4.

FATAYI MOHAMMED

APPELLANTS

5.

GANIYU AREMU

6.

BOLA AJIBOLA

7.

DELE OGUNMEFUN

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8.

LASISI OROBIYI

V

1.

REVD. J.O.E. SOREMEKUN

2.

RT. REVD. M.F. SODIPO

3.

T.R.B. MACAULEY

RESPONDENTS

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4.

VICTOR NDALUGI

(As Trustees of the METHODIST

CHURCH OF NIGERIA)

SUIT NO. SC 58/1985

SUPREME COURT OF NIGERIA

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OBASEKI,



J.S.C.

ESO,



J.S.C.

NNAMANI,



J.S.C.

UWAIS,



J.S.C.

BELGORE,



J.S.C.

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28th November, 1986

Appeals - Leave to raise new issue on appeal to Supreme Court - What applicants

counsel must show - Thinciples applicable.

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

Company Law - Certificate of Incorporation - Application for - Particulars required

- S.4(1) Lands (Personal Succession) Act - Evidential value of - S.6 Lands

(Peipetual Succession) Act Cap. 98 - Evidence - Evidential value of certificate

of Incoiporation - Locus Standi - How to be pleaded - S.6(6)(b) Constitution

of Nigeria 1979.

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Practice and Procedure - Pleadings - Specific avcrnzent not specifically denied -

Effect - Words and Phrases - "Locus Standi".

ISSUES:

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1. What are the conditions to be satisfied before the Supreme Court will allow a

point of law not argued before the Court below to be argued before it?

2. Where plaintiffs have pleaded facts establishing their rights and obligations in

respect of a land must they also plead that they have

locus standi

to commence

the proceedings

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3. Whether an appellant can raise before the Supreme Court a new ground of law

which he had not raised before the Court of Appeal and if so, whether he must

first obtain leave of the Court before so doing.