UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): The Appellants herein, vide a Notice of Appeal dated the 24th day of June, 2008 and filed on the 8th day of July, 2008, challenged in this Court the Ruling of Hon. Justice M. A. Agbelusi, of the High Court of Ekiti State, holden at Omuo-Ekiti, delivered on the 12th day of May, 2008 in suit No. HOM/6/2007, wherein the learned trial Judge, while ruling on the Preliminary Objection filed by the Respondents, held inter alia -
The Plaintiffs' case is premature, it is incompetent and therefore struck out and dismissed" (See page 33 of the Record)
The brief facts of the case is that by a Writ of Summons dated the 29th day of June, 2007 and filed on the 5th day of July, 2007, the Plaintiffs (now Appellants) claimed against the Defendants (now Respondents), per the endorsement on the Writ, as follows:
i. A Declaration that the installation of the 2nd Defendant as Chief Alafe of Ilafe Quarters, tkun-Oba Ekiti in the Ekiti East Local…