ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellants before us were the applicants before the Bayelsa State High Court. They had applied ex parte to the Court for-
"1. For an order to apply for leave for an order of certiorari out of time.
2. To deem as properly filed the application for leave herein sought.
3. For an order of certiorari to remove into this Honourable Court for the purpose of being quashed the decision, judgment and/or order(s) of the Chairman and Members of the Customary Court, Oloibiri given on Wednesday the 30th day of November, 1998 in Suit. No. CCO/8/99 (Chief Daniel Olotu and 10 Ors., Chief Edward Jim Ogbolo and 5 Ors. which relief is not put in paragraph 2(1) of the statement accompanying application for leave for an order of certiorari."
They based their application on the grounds.
"1. The existence of a prohibitive order on the Customary Court from further trying, hearing, proceeding with or in any way determining or causing to be de…