MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Calabar Division of the Court of Appeal (hereinafter referred to as the lower court) delivered on the 18th April, 2007 affirming the judgment of the Akwa-Ibom High Court sitting at Uyo (hereinafter referred to as the trial court) in suit No. HU 368/97 delivered on 28th March, 2003. The respondents herein as plaintiffs commenced the suit seeking the following reliefs:-
(a) A declaration that the partnership of the plaintiffs and the defendants in Mfon Abasi Nursery/Primary School, Nwut Usiong, Division Itam, Itu, is still in existence and not yet dissolved.
(b) A declaration that the plaintiffs are still part owners of the Mfon Abasi Nursery/Primary School, Nwut Usiong, Itam, Itu and are therefore entitled to jointly manage same with the defendants and share in the profits and liabilities thereof.
(c) An injunction restraining the defendants from continuing the management of the …