A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Division, sitting in Jos delivered on the 8th December, 1986 by U. Abdullahi and Jacks JJCA, Macaulay JCA (dissenting). The Court of Appeal dismissed the appeal by the Appellants, who were also Appellants in the Court below, against the judgment of Buba Ardo C.J. Gongola State in the Yola High Court delivered on the 27th January. 1986. Appellants, who were Plaintiffs in the court of first instance, had brought an action against the Respondents' who were defendants claiming as follows:-
"1. A declaration that the appointment installation and declaration of Alhaji Jibir Girema the 8th defendant herein as the Chief of Lunguda on or about the 17th of July, 1984 by the 1st-6th defendants is illegal, null and void.
2. A declaration that the purported installation and or appointment and declaration of the 8th defendant as the Chief of Lunguda was made in breach of Lunguda Nat…