53.94 acres land: Court fixes November 30 to rule on Methodist Missionary’s legal status

Justice Olatunde Oyajinmi of an Ogun State High Court has fixed November 30, 2020, to rule on an application filed by members of Efure community, Offin in Sagamu area of the state praying the court to determine whether Methodist Missionary Trust Association limited has legal status as an incorporated limited company in Nigeria.

Justice Oyajinmi fixed the date after counsel to the parties had argued their applications before the court.
At the resumed hearing of the matter, the claimant counsel, Mr Babatunde Oshilaja, informed the court that he had two pending applications which had been served on all the respondents.

The application sought leave of court to file additional witness statements and an order to deem as properly filed.
But counsel to the first and third defendants, Mr A. Osakwe objected to the moving of the application on the ground that “the application should have been accompanied by a statement of additional witness and that the name of the first claimant ought to have been expunged. He argued that the counsel ought to have informed the court that the first claimant is no more living.

Oshilaja, however, submitted that he cannot ask the court to expunge the name of the first claimant due to COVID-19 pandemic that restrained travelling movement, arguing that he heard of the death of the first claimant but he had no medical report to ascertain the cause of death when he died and some other information to furnish the court with.

The claimants, Samuel Banjo, Emmanuel Adelesi and Kolawole Odugbesi had asked the court to nullify the Deed of Lease dated March 15, 1931, on 53.94 acres of land kept at Ogun state land registry, Abeokuta alleging that Wesley Methodist Missionary Trust Association Limited is unknown to law.

Defendants in the suit are the Registrar of Titles, Ogun State; the Incorporated Trustees of the Methodist Church; Nigeria Sagamu Local Government; Vigilante Security Organisation; Oladega Ajelana, Wasiu Asanko and Mrs Abosede Dauda(members of Kajola Saw Millers); Wasiu Jebe, Alhaja Ganiyat Adebayo, Tunbosun Okubote, Yaya Okesola, Bolanle Adeboga and the Gospel Sabbatarian the True Church of God.

The claimants in their 36-page Motion on Notice stated that only legal persons are capable of possessing legal rights and duties and since Wesleyan Methodist Missionary Trust Association limited was not a legal person registered under the Nigerian law as at March 15, 1931, or thereafter it could not acquire an interest in the leasehold land.

The family added that Methodist Missionary Trust Association limited has no legal status as it was not an incorporated limited company, hence there was no execution of the Deed of Lease on the disputed land.

The claimants stated that as at March 15, 1931, the Wesley Missionary Trust Association Limited was not known to law hence was not legally capable of exercising the powers and functions of an incorporated company including the power to hold the leasehold land.

They maintained that Wesley Missionary Trust Association Limited failed to comply with general conditions laid down in the Companies’ Ordinance of 1912, or the Companies Act of 1948 and failed to obtain registration and incorporation as a limited liability company.

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But, in its amended memorandum of appearance brought under order 9, rule 1(1), the 1st and 3rd defendants, (Wesley Missionary Trust Association Limited and the Incorporated Trustees of the Methodist Church) through their lawyer, Bonajo Badejo (SAN) stated that the claimants were not known to the defendants and there was no relationship between them since 1931 when the land was acquired.

They argued that the claimants’ action has been defeated by the statute of limitation, lacking reasonable cause of action and should be dismissed.

They further stated that the claimants’ case has been defeated by laches and acquiescence (unreasonable and inexcusably delay) and liable to be dismissed.

NIGERIAN TRIBUNE