MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the trial High Court Koton- karfe, Kogi State delivered on 21st May, 2001.
The background facts of this case appeared to be straightforward, devoid of any serious conflicts. It is briefly stated thus:-
The 3rd respondent, who was the Chief - i.e. the Angankyu of Kakanda, Budon until his suspension from office by the 1st defendant, now 1st respondent. The 3rd respondent then as the plaintiff instituted an action before the High Court of Justice, Kogi State challenging his suspension. The defendants before that court were the 1st and 2nd respondents herein and the two appellants. Pleadings were duly exchanged. The matter was about to commence in earnest when the 3rd and 4th defendants therein filed a motion on notice to strike out the suit by way of preliminary objection on the ground that the action was incompetent.
The motion reads thus:-
1. An Order striking out the entire suit …