When Court Can Order Pleadings in Action Commenced by Originating Summons In the Supreme Court of Nigeria Holden at Abuja On Friday, the 2nd day of December, 2022 Before Their Lordships Kudirat Motonmori Olatokunbo Keker
3. SNR. ELDER GEOFFREY MAMA APPELLANTS CHURCH OF CHRIST THE GOOD SHEPHERDThe Appellants commenced an action against the Respondents at Federal High Court, Calabar Judicial Division, by way of Originating Summons in which they sought inter alia, a declaration that the 1st Respondent’s constitution which ought to have been submitted by the 2nd Respondent for the purpose of registering the 1st Respondent with the 3rd Respondent, ought to be a certain 2003 constitution and not the 2005 constitution.
as the operative and binding Constitution of the Church. They maintained that Exhibits E1 and E2 were identical in every particular, except in the arrangement of the signature. They further claimed that the Appellants, without reason, stopped worshipping with the Church, and proceeded to form their own church – Church of Christ the Good Shepherded in 2008 and having left the Church in the circumstances in which they did, the Appellants do not and should not have any dealings with the Church.
2. Whether the Court of Appeal was right to have ordered pleadings to be filed and exchanged in the circumstances of this case. On the first issue, counsel for the Appellants submitted that the Court of Appeal ought to have invoked Section 15 of the Court of Appeal Act to look into the case as if it is a court of first instance and resolve the issues, rather than remitting the same back to the trial court.
The necessary conditions which the Court of Appeal would consider before it can invoke these powers are The question must be a ground of appeal The trial court must have jurisdiction on same; All the necessary materials needed to determine the merits of the claim must be before the court; The length of time between the disposal of the action at the trial court and the hearing of the appeal; The court would consider the hardship or injustice that would follow, if the case is remitted to the...
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