OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant who was plaintiff in the High Court of Justice, Benue State instituted an action against the respondents as defendants in the said court claiming the following reliefs in paragraph 13 of his statement of claim:
"'3(i) A declaration that the plaintiff was and is the only person selected or elected as the Otukpa District Head by the people competent to do the selection or election.
(ii) A perpetual injunction restraining the 1st defendant, his agents or servants from further posing or parading himself as District Head of Otukpa; and
(iii) A perpetual injunction restraining the 2nd defendant, his agents and servants from regarding or treating the 1st defendant as District Head of Otukpa."
After the exchange of pleadings, the case proceeded to trial and in the end, the plaintiff's claim was dismissed. His appeal to the Court of Appeal was equally dismissed. He has further appealed to this court.
The facts of the case are…