RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Honourable Justice S. O. Otu of the Kogi State High Court in Suit No. HC/KK/029/CV/2004 delivered on the 10th day of November, 2004. The 1st appellant and the 2nd respondent both claim to be the bonafide President of the 1st respondent while the 2nd appellant claims to be the Caretaker Chairman of the same 1st respondent.
As a result of the state of confusion in the 1st respondent, an incorporated Company Limited by Guarantee the respondents, as plaintiffs in the court below sued the appellants as defendants on an originating summons seeking the interpretation of the following questions:
(i) Whether having regard to the provisions of Article 17 of the registered Memorandum of Association of the 1st plaintiff, the officers of the 1st plaintiff as provided by Article 24 of the aforesaid memorandum can be elected by a Caretaker Committee presided over by the 2nd defendant.