TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of an appeal by the Appellants and the cross-appeal by the Cross-Appellants against the Ruling of Delta State High Court delivered on 25/6/04 by R.N. Pemu J (as she then was).
The Appellants were the Plaintiffs at the court below. The Plaintiffs by paragraph 20 of their joint Statement of Claim claimed jointly and severally against the Defendant (now the Respondent/Cross Appellant) as follows:
"1) "A mandatory order that the Plaintiffs having been regularly retired from the services of the Defendant are entitled to their retirement benefits.
2) An order of Perpetual Injunction restraining the Defendant, its privies, assigns and agents from withholding, disturbing and or tampering with the retirement benefits of the Plaintiffs therein."
The Defendant by paragraph 4 of its Statement of Defence challenged the competence of the action thus:
"(a) The Defendant shall before or at the trial cont…