TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs at the Federal High Court, holden at Enugu, in re Suit No. FHC/EN/CS/34/2003. They had claimed against the respondents:-
i. A declaration that the pre - 1996 delineation of Ward in the plaintiffs, communities of Igbo Etiti Local Government Area of Enugu State is still valid.
ii. An order restraining the defendants, their servants, agents or privies from using the 1998 Electoral Wards for any Election in the said Communities.
iii. An order declaring the 1998 Electoral Wards in the Communities as invalid.
The respondents each filed no statement of defence but Notices of Preliminary Objection, to the hearing of the appellants' action. The appellants filed counter affidavits, in opposition to each of the respondents' preliminary objections. The Court below, in a considered ruling on 31st March, 2003 dismissed the respondents' preliminary objections. Thereafter, the motion on notice for interlocut…