HRH KING R. Z. AMOS J.P., THE ONU-ONYANEKE III UDEKAMA (DEGEMA) (FOR HIMSELF AND AS REPRESENTING THE UDEKAMA (DEGEMA) TOWN PEOPLE) V. HM KING (PROF.) T.J.T. PRINCEWILL (AMACHREE XI AMANYANABO OF KALABARI), CHIEF MANGIBO K.D. AMACHREE, CHIEF NORMAN BESSY WOKOMA, CHIEF OMBO CLINTON HARRY ODIBO VI, CHIEF DR. M.T. MEMBERE, CHIEF JENKINSON B. TOM IBOROMA V (FOR THEMSELVES AND AS REPRESENTING KALABARI KINGDOM MADE UP OF BUGUMA, ABONNEMA, BAKANA AND OTHERS)

OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Leading Judgment): This appeal interrogates the rightness of the decision of the Court of Appeal, Port Harcourt Division (hereunder addressed as “the lower court”), coram judice: E. Eko, T. N. Orji-Abadua and S. J. Adah, JJCA, in Appeal No. CA/PH/658/2013, delivered on the 30th January, 2015. In its decision, the lower court affirmed the judgment of the High Court of Rivers State (the trial court), in Suit No. DHC/4/2011, delivered on the 1st July, 2013, wherein S. O. Benson, J. dismissed the appellant’s preliminary objection.

The resume of the material facts of the case, which transformed into this appeal, are not difficult to comprehend. On the 9th February, 2011, the respondents (in a representative capacity) beseeched the trial court, via a writ of summons and statement of claim, wherein they tabled against the appellant (in a representative capacity), the following reliefs:

1. A declaration that the claimants are the Customary Overlords o…