OGAKWU JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Delta State, contained in the ruling of Honourable Justice G.B. Briki-Okolosi delivered on 16 May 2003. The background facts of this matter show that in an action in suit No. A1/57/2002, instituted on 5 August 2002 the plaintiffs/respondents who expressed in the writ to be suing in a representative capacity claim to be the kingmakers and supreme authority in Ubulu-Uku. They claim sundry declarations, injunctions and order with respect to the appointment of the 2nd defendant/appellant as the Ozoma Ani; an appointment, which they claim is contrary to Ubulu-Uku native law and custom.
The defendants/appellants entered appearance under protest and filed a preliminary objection wherein they contended that the suit was incompetent and urged that the same be dismissed or struck out. In a considered ruling, which is at pages 30 to 42 of the records of appeal, the lower court overruled the sa…