CASE TITLE: MBAMALU v. REGISTERED TRUSTEES OF AUTO SPARE PARTS AND MACHINERY DEALERS’ ASSOCIATION & ORS (2026) LPELR-83705(CA)
JUDGMENT DATE: 30TH APRIL, 2026
PRACTICE AREA: COMPANY LAW
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This appeal is against the ruling of the High Court of Lagos State, sitting at Lagos Judicial Division delivered by HON. JUSTICE E.A. LUFADEJU on the 15th day of July, 2005 in Suit No. LD/1427/2003. The Trial Court on the 15th day of July, 2005, struck out the writ of summons and statement of claim in the suit and upheld the decision of the conflict resolution and National Executive Committees of the 1st defendant.
The Appellant commenced an action at the trial Court seeking declaratory reliefs, perpetual injunction, damages, and costs. The principal relief sought was a declaration that the Appellant is the lawful owner of Shops 2 and 29 located in Zone D, Block 2A of ASPMDA Shopping Plaza within the International Trade Fair Complex along Badagry Expressway, Lagos State. During the pendency of the suit, the trial Court granted an order for parties to maintain the status quo following the Appellant’s ex parte application for interim injunction. Upon the alleged disobedience of that order by the Respondents, the Appellant initiated contempt proceedings.
The 4th and 5th Respondents filed a Motion on Notice. Attached to the motion was a document described as the 2002 Constitution of the 1st Respondent association (Exhibit 8/Exhibit AP5), which purported to replace the earlier 1986 Constitution relied upon by the Appellant. The learned trial Judge relied on this document in determining the motion. The trial Court ultimately granted the application and struck out the Appellant’s suit, prompting the present appeal.
Dissatisfied with the decision of the trial Court, the Claimant/Respondent (now Appellants) approached the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court considered the following issues:
1. Whether Exhibit 8 (Exhibit AP5) or Exhibit D09 is the authentic Constitution of the Auto Spare Parts and Machinery Dealers Association, the 1st Respondent.
2. Whether the Statement of Defence and Counter Claim as well as the motion on notice and written address of the 4th and 5th Respondents dated 19th September, 2003 are competent in law?
DECISION/HELD:
The Court allowed the appeal and remitted the case back to the trial Court for the Chief Judge to reassign to a different judge.
RATIOS:
- COMPANY LAW- INCORPORATED TRUSTEES: Effect of failure to seek and obtain approval of the Corporate Affairs Commission on the alteration of the constitution of an incorporated trustee
- PRACTICE AND PROCEDURE- SIGNING OF COURT PROCESS(ES): Effect of a court process signed in the name of a law firm
- PRACTICE AND PROCEDURE- SIGNING OF COURT PROCESS(ES): Whether signing of Court process is a jurisdictional issue that can be raised at any time
