OGEBE JCA (Delivering the Lead Judgment): The plaintiff/respondent sued the first defendant/respondent before the Ajalli Customary Court in suit No. CCA/1/2001. The second set of defendants/appellants applied to be joined in the suit and the court joined them on the 5th of June, 2001 but in suit No. CCA/5/2001 dated 2nd October, 2001, the appellants claimed that they were withdrawing from the earlier suit and commencing a new claim against the plaintiff in the earlier suit.
The Customary Court took evidence in suit No. CCA/1/2001 and gave judgment against the appellants who did not show up to defend the claim. The appellants thenapplied to the High Court for an orderof certiorari to bring to the High Court for the purpose of quashingthe judgment of the Customary Court, Ajalli. The High Court Aguata, heard the arguments of both parties and dismissed the motion on the 23rd of March, 2003. Dissatisfied with that decision the appellants appealed to this court.
The learned counsel for them…