OHO JCA (Delivering the Lead Judgment): There are a number of issues slated for determination as far as this appeal is concerned. Chief of these is whether it is proper for the trial court not to have ordered pleadingsafter making findings of fact that there were irreconcilable conflicts, contentious and disputed facts which cannot be resolved by affidavit evidence in an action commenced by originating summons. There is also the issue of the trial court not ruling one way or the other in respect of a pending motion for joinder before delivery of its judgment in the substantive matter. In addition to these, what were the available legal options open to this court when one of the sides to this action was said to have conducted an election pendent lite in breach of the court’s injunctive orders.
The appellants in this case were the claimants at the trial court, and they commenced the suit on 15 April 2010 at the High Court of Abia State of Nigeria, Osisioma Judicial Division, vide a…