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UMOREN, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellants in this Court but respondents in the court below against the judgment of Hon. Justice T.U.F. Puusu sitting at Makurdi High Court. In a motion before that court the learned counsel for the respondents raised a preliminary objection to the motion for mandamus filed by the applicant in that court, I will come back to this.
In order to have a clear understanding of the issues involved and judgment in this appeal, it is important to set out in a chronological order, events leading to the appeal before me.
1. In 1995, the respondents as plaintiffs brought a Suit No. MHC/196/95 challenging the selection and beading of the applicant, (then the defendant) as the clan Head of Edikwu and sought an order of court permitting him to act as the clan Head of Edikwu.
The present applicant upon a motion No. CHC/503m/95 applied for an order striking out/dismissing Suit No. MHC/196/95 for want of jurisdiction or on the …