MOHAMMED BABA IDRIS, JCA (Delivering the Leading Judgment): By a Writ of Summons dated and filed on the 12th Day of October, 2009, the Appellants as Plaintiffs at the trial Court instituted an action against the 1st Respondent as 1st Defendant at the trial Court and upon the application of the 2nd Respondent, the 2nd Respondent was joined as the 2nd Defendant at the trial Court.
On the 18th of May, 2012, the Appellants filed an Amended Writ of Summons and further filed a further Amended Writ of Summons dated and filed on the 24th day of February, 2014 and sought for the following reliefs against the Defendants jointly and severally:
A DECLARATION that the 1st Defendant cannot lawfully constitute itself in to an investigator and a Judge over the dispute between the Plaintiffs and the Children of Professor S.I. Abumere.
A DECLARATION that the 1st Plaintiff is entitled to the benefits of the terms in the Power of Attorney and the Deed of Assignment donated by professor S.I. Abumere until de…