GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Uzodike (J) in suit No.A/56/2004. It was in an estate matter in which the respondents had sued as plaintiffs asking for a declaration that the appellants who were sued as defendants have no lights to dabble into the estate of late Nnanyelugo Godfrey Umunna Emodi and a declaration that appellants were "Administrators de son tort." They further asked for an order of court commanding the 2nd and 3rd defendants to account to them for their illegal administration from 22nd December, 2002 and order of perpetual injunction restraining the defendants from dabbling into the administration of the estate of the said Nnanyelugo Godfrey Umunna Emodi.
Parties filed and exchanged pleadings. After close of pleadings the plaintiffs through their counsel filed a motion on notice dated 6/4/04 praying the court to appoint the Administrator-General/Public Trustee or any other fit and proper person as …