FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling, handed out by Ugwu, J., as he then was, sitting at Enugu High Court, on 16th April, 1997.
It is apt to state briefly, the background facts leading to the above stated ruling under fire. On 3-5-94, Onyia, J. made an order in favour of the plaintiffs/appellants herein, against the defendants/respondents in the following terms:-
"An interlocutory injunction restraining the defendants jointly and severally by themselves, their agents, privies and servants from installing the 1st defendant as the first Esaa or Esaa I of Ngwo Asaa or in any manner whatsoever, holding out himself as the Igwe or Igwe elect of Ngwo Asaa by whatever name called pending the determination of the substantive suit."
The 1st defendant/respondent felt dissatisfied with the ruling. He appealed to this court and the suit number of that appeal is CA/E1105/96. He filed appellant's brief of argument, dated 12-6-96 therein. Same was ser…