S.S. EJIKEME & ORS V. N. J. AMAECHI & ORS

OGUNTADE, J.C.A. (Delivering the Leading Ruling): The respondents were the plaintiffs before the Katsina-Ala High Court of Benue State where they claimed against the appellants (as the defendants) for the following reliefs

"(a) A declaration that S.S. Ejikeme i.e. the 1st defendant is not the Chief and Leader of Igbo Community, Katsina-Ala.

(b) An order perpetually restraining the 2nd, 3rd and 4th defendants from imposing the 1st defendant on the plaintiffs and Igbo Community Katsina-Ala.

(c) An order commanding the 1st defendant to sign all the necessary handover documents including an up-to date account of monies collected during the 1st defendant's tenure of office and monies expended during his tenure of office and surrender the same to the plaintiffs and Igbo Community, Katsina-Ala.

The parties filed their pleadings after which the case was tried by Eko, J. The lower court delivered its judgment on 24/6/93. The lower court concluded the judgment in these words:

"The plaintiffs, …