JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 1st August, 2016 in the High Court of Akwa Ibom State, holden at Okobo.
In the High Court (the Court below), the Appellant was the 5th Defendant while the 6th to 9th Respondents were the 1st to 4th Defendants. The 1st to 5th Respondents were the plaintiffs and their claim against the 6th – 9th Respondents and the Appellant was for the following:
(a) A declaration of the Honourable Court that the withdrawal of the sum of N42,041,066.75 (Forty Two Million, Forty One Thousand and Sixty Six Naira and Seventy five Kobo) by the defendants from the account of the Okopedi community with the 5th defendant without the consent and/or authority of the plaintiffs amounts to breach of contract between the plaintiffs and the defendants.
(b) A declaration of the Honourable Court that the withdrawal of the sum of N42,041,066.75 (Forty Two Million, Forty One Thousand and Sixty six Naira and Sev…