TOM SHAIBU YAKUBU, JCA (Delivering the Leading Judgment): This appeal is sequel to the ruling rendered upon an application mandatory injunction at the instance of the respondents against the 1st appellant, by J.I. Nweze, J, of the Anambra State High Court of justice, holden at Atuocha, on 18th June, 2012.
The respondents, having taken out a writ of summons against the appellants with respect to the chieftaincy and traditional title of Igwe of Nteje community of Oyi Local Government Area of Anambra State, had vide their amended statement of claim, filed on 24th February, 2012, at Paragraph 41 thereof, sought some declaratory and injunctive reliefs against the appellants.
The grouse of the respondents, in their claim is that upon the demise of the late Igwe S.A.C. Nnaemeka, the Aborgu I of Nteje who hailed from Ezi Quarter in Nteje, a referendum was conducted on 28th December, 2009 in order for the community to select a new lgwe of Nteje. That at the said referendum, the two candidates wh…