MASSOUD ABDULRAHAMN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory ruling delivered on 20th October, 2009 by Hon. Justice C. I. Akintayo, J. of the Ekiti State High Court, Ijero-Ekiti Judicial Division, wherein the notice of preliminary objection dated 16th September, 2009 raised in limine by the appellants was dismissed.
The 1st - 4th respondents herein as plaintiffs at the trial court, had sought and obtained leave of the trial court on 21st July, 2009 to institute the instant action in a representative capacity for themselves and on behalf of the entire Ipoti-Ekiti Community, with the exception of the 1st - 12th defendants thereat, together with the 5th - 8th respondents herein. Pursuant thereto, the 1st - 4th respondents as plaintiffs filed both their writ of summons and statement of claim on 28th July, 2009. The 1st respondent described himself in the said statement of claim, that he "is a Traditional Ruler" and "the incumbent Olupoti …