OGUNTADE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the court below in which it allowed an appeal from the ruling of the High Court in suit No. AHC/22/91 which is still pending before the said High Court of Ahoada Judicial Division of Rivers State. The appellants were the plaintiffs. By their amended writ of summons issued on 3rd June, 1997 against the respondents (as defendants), they claimed the following reliefs:
"1. A declaration that by Ekpeye native law and custom the Umudele Family of Ahoada is the head/founding family of Nye-Nwe-Ele (landlord) of Ahoada.
2. A declaration that the Umudele family by virtue of its status as the Nye-Nwe-Ele family of Ahoada has the exclusive and sacred custody of the main Owor-Ele-Ehuda.
3. A declaration that under Ekpeye native law and custom of inheritance, it is only members of the Umudele family being the head/founding family of Ahoada that can bear the title of Nye-Nwe-Ele or landlord/traditional ruler…