Judgment
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division delivered on 4th February, 2011, setting aside the judgment of the High Court of Lagos State Coram M.O. Obadina, J delivered on 10th June, 2005.
The facts of the case are as follows: The appellant is a Christian religious organisation which was registered in 1963. It had several branches, which included the Mushin Branch, which eventually broke away from the main organisation and was registered in 1996 as The Registered Trustees of Grace Church of Christ, the respondent in this appeal. In 1976, while he was still a pastor in the employment of the Appellant Church, the promoter of the respondent, one Pastor Igbeare, purportedly purchased a parcel of land at 23/25 Fayemi Street, Ejigbo Town near Mushin from the Agbeke Family.
The purchase receipt was in Pastor Igbeare’s custody. The respondent applied for Land Information in respect of the land which yielded the information that the land had been acquired by the Lagos State Government as far back as 1972, vide Official Gazette No. 60 of 7/12/72 Volume 59. Realising that as at 1976 when the Agbeke family sold the land, it had been divested of title thereto, the respondent applied in its own name to the Lagos State Government for ratification of the sale. The respondent was consequently issued a formal letter of allocation of State Land.
Upon the payment of the necessary fees, the respondent was issued with a Certificate of Occupancy on 24/8/97 in respect thereof.
It was the respondent’s contention that each branch of the church generated its own funds and that the branches were co-ordinate with and not subordinate to the headquarters. It was also its contention that it had deposited materials at 23/25 Fayemi Street, Ejigbo, preparatory to the construction of a permanent site for its church, which got lost. It was also contended that rather than take steps to object to the issuance of Certificate of Occupancy in its favour, the appellant proceeded to issue a notice of Revival Service scheduled to take place on the disputed land.
Warning letters were written to the appellant to no avail, hence the institution of suit NO. ID/I/31/9 before the High Court of Lagos State, Ikeja Judicial Division vide Written Summons and Statement of Claim filed on 14/5/98.
