UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Delta State, contained in the Ruling of Honourable Justice G. B. Briki-Okolosi delivered on 16th May, 2003.
The background facts of this matter shows that in an action in suit No.A/157/2002 instituted on 5th August, 2002 the Plaintiffs/Respondents who expressed in the writ to be suing in a representative capacity claim to be the kingmakers and supreme authority in Ubulu-Uku. They claim sundry declarations, injunctions and order with the respect to the appointment of the 2nd Defendant/Appellant as the Ozoma Ani; an appointment which they claim is contrary to Ubulu-Uku native law and custom.
The Defendants/Appellants entered appearance under protest and filed a preliminary objection wherein they contended that the suit was incompetent and urged that the same be dismissed or struck out. In a considered Ruling which is at pages 30 to 42 of the Records of Appeal, …