KUMAI BAYANG AKAAHS, J.C.A.: (Delivering the Leading Judgment): The pith of this appeal is centred on whether a restrictive order of injunction can be granted to set aside completed acts and restore the parties to the status quo ante bellum if the defendant sought to be restrained completed the act after having been served with a notice of motion seeking to restrain the act he hurriedly completed before the date fixed on the motion for hearing.
In the writ of summons dated 4/4/2005 but issued on 11/4/2005 the claims of the plaintiff against the defendants jointly and severally are as follows:
1. A declaration that the purported selection of the 1st defendant as the Emir of Kanam. Kanam Local Government Area, Jos, Plateau State upon the selection exercise carried out by the 4 kingmakers of Kanam Emirate and 4th, 5th and 6th defendants on Tuesday, the 29th day of March, 2005 is contrary to the procedure of selection contained in the Chieftaincy Declaration of Kanam Emirate registered in…