ODUYEMI, J.C.A. (Delivering the Leading Judgment): By a specially endorsed writ of summons filed in the High Court of Kogi State the appellant as plaintiff claimed against the 1st, 2nd and 3rd respondents jointly and severally for:-
(i) a declaration that the purported appointment and/or approval of the appointment of the 1st defendant as the Elegbe of Egbe by the 2nd and 3rd defendants is/are null and void and of no effect whatsoever, and
(ii) a perpetual injunction prohibiting the 1st defendant from acting as or parading himself as the Elegbe of Egbe and the 2nd and 3rd defendants treating the 1st defendant as the Elegbe of Egbe and/or paying him (the 1st defendant) the perquisites of the said office.
In view not only of the brevity of the specially endorsed statement of claim but also on account of its relevance to one of the crucial findings of the learned trial judge which would bear relevance to this appeal. I shall state in full the 5 paragraph statement of claim. It reads:-