NGWUTA, J.C.A. (Delivering the leading Judgment): In a suit resulting from a chieftaincy dispute, the appellants, as plaintiffs, claimed against the respondents, as defendants, among other related reliefs, a declaration that the 4th defendant is not a member of Olule family, in Ose Local Government Area of Ondo State.
Upon service of the writ of summons dated 18th August, 1995 on them the defendants, now respondents, filed notices of preliminary objection. The notice filed by the 2nd, 3rd and 4th defendants jointly is in the following terms:
"Notice of preliminary objection. Take notice that the 2nd, 3rd and 4th defendants/respondents herein and (sic) shall at the hearing of this case inclusive of the motion on notice dated 5th September, 1995, raise an objection and in terms of the following ground and relief;
Ground: Plaintiff's action is not justiceable for noncompliance with sections 1, 2(1)(b) of Approval of Appointment of an Oba and Presentation of Instrument of Appointment and …