He had argued that the plaintiff’s statement of claim disclosed no cause of action against the defendants and should be stroke out completely.
Justice Ibrahim Buba had in a ruling on the issue, dismissed the defendant’s application on the ground that it lacked merit.
The judge had held that the application was an abuse of court process and deserved to be accordingly dismissed.
Meanwhile, Okunlaja dissatisfied with the ruling of the court had appealed its decision before the court of appeal.
Ruling on the motion for stay at the resumed hearing of the case, Justice Buba also refused to stay proceedings before the court.
He therefore adjourned the case to July 2 for continuation of hearing.
In the suit, the plaintiff had averred that the C & S Church was founded in 1925 by Capt. Emmanuel Abiodun and registered in 1930.
He said that the church had a constitution which clearly stipulated the mode of leadership succession.
He therefore called on the court to declare the appointment a nullity, since it contravened the provisions of the church’s constitution.
In addition, Arogundade seeks an order reinstating him as the rightful leader of the church.
He also wants the court to restrain the defendants from further appointing a leader of the church, adding that the tenure of Adewuja had expired.
The plaintiff wants further appointment stayed until the substantive matter is decided by the court. (NAN)