JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment): This Appeal is against the Judgment of the Gombe State High Court delivered on the 07-06-05 in suit number GM/50/2002, in which the Appellants, (as Plaintiffs), sued the Respondents (as Defendants). The suit was commenced by way of a Writ of Summons dated 17-04-02 upon the grant of an ex parte motion dated 25-03-02 seeking leave to initiate the action in a representative capacity. The Appellants and 1st Respondent are indigenes of Dong, a Chiefdom elevated to the status of a District in Waja Chieftaincy/Traditional Council of Balanga LGA of Gombe State. The 2nd Respondent is the Chief (Sarki) of Waja, while the 3rd Respondent is Waja Traditional Council. The Appellants sought the following reliefs against the Respondents:
a. A declaration that the Plaintiffs representing Turum Clan of Dong which is one of the Clans constituting Dong Village (Now Dong District) in Waja Chieftaincy/Traditional Council of balanga L.G.A. in Go…