JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an interlocutory Appeal against the Ruling of the Benue State High Court holden at Makurdi, coram Kpojime J. delivered on the 2nd December, 2013.
The facts leading to the Appeal are briefly as follows: The Respondents, (as Plaintiffs before the lower Court), took out an action against the Appellant and other Defendants jointly and severally on 13th December, 2006 vide a Writ of Summons. Therein, they claimed as follows:
(a) "A DECLARATION that the appointment of the 1st Defendant as clan head of Edikwu conveyed vide letter dated 23rd June, 2003 from the 2nd and 3rd Defendants on the authority of the 5th Defendant is contrary to the customs and tradition of Edikwu people of Apa Local Government, null and void.
(b) A DECLARATION that the 1st Defendant was not a Chieftaincy title holder in Edikwu and could not be validly appointed and or elected as clan head of Edikwu in accordance with the customs and tradition of Edi…