HARUNA SIMON TSAMMANI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of I.O. Agugua; J of the Imo State High Court sitting at Etiti delivered on the 22nd day of March, 2004 wherein the Learned trial Judge struck out the Plaintiff/Appellants' statement of claim and consequently, dismissed the Suit in HME/17/2002 as being incompetent.
The Appellants' claim as Plaintiffs before the lower court as stated in paragraph 35 of the statement of claim (pages 122-123 of the records) are as follows:
"35. Whereof the Plaintiffs claim against the Defendants jointly and severally as follows:
1. A declaration that the members of Umuihi King makers/ Cabinet are entitled to Identify, elect, select, appoint, install, and present the Eze of Umuihi Autonomous Community and/or to put in motion machinery for identification, election, selection, installation and presentation of the Eze of Umuihi Autonomous Community to the third Defendant.
(b) A declaration that the 1st to 4…