LEGAL STATUS OF INCORPORATED TRUSTEES

Good morning,friends.
In a village somewhere in Osun State, Nigeria, a farm owner and the elders of a church are at loggerheads over the ownership  of an area of land, which he claims to be part of his farmland.His friend, who just bagged first degree in law but is yet to proceed to the law school, has advised him to sue the church for a declaration, among other things, that he is the bonafide owner of the land in dispute.This man has now sued the elders of the church.

This church has five incorporated trustees and none of them is one of the church elders being sued.What are the legal chances of this man's action?

THE LEGAL POSITION
Section 596 of the Companies and Allied Matters Act, Cap. C20, Volume. 3, Laws of the Federation of Nigeria provides that the trustee or trustees of an association shall become a body corporate, from the date of registration, by the name described in the certificate and shall have perpetual succession and a common seal and a power to sue and be sued in its corporate name as such trustee or trustees.

By virtue of the provision of section 596 of the Companies and Allied Matters Act, it is clear that it is only the incorporated trustee or trustees of an association, church or club that can sue or be sued in its corporate name as in "Incorporated Trustees of".

Thus, in the above scenario, it is wrong to have sued any other person apart from the incorporated trustees of that church.These are the face of the church in the eye of the law.No matter how young the trustee or trustees of an association may be, he/they   is/are the only person or persons that can be sued in the corporate name of the association, which he/they  is/are the registered trustees of.

Thank you for your attention.

See you again tomorrow.