<p>NGWUTA, J.C.A. (Delivering the Leading Judgment): The respondent is the clan Head of Anwai clan. He instituted the action in suit No. HAU/7/98 against the appellant and 9 others. The 1st appellant was sued in his personal capacity, but the other 9 defendants in the suit were each sued in a representative capacity. The claim in the court below is for the following reliefs:</p><p> &quot;1. A declaration that the plaintiff is the only person entitled, personally or through agent, to collect customary dues/rents on all of Anwai Communal lands.</p><p> 2. Perpetual injunction to restrain the 1st defendant by himself, servants, or agents from collecting any customary dues/rents on any part or parts of Anwai communal land.</p><p> 3. Perpetual injunction to restrain the 2nd-10th defendants by themselves, agents or privies from paying any dues/ rents to the 1st defendant.</p><p> 4. An order compelling the 1st defendant to account fully for all customary dues, rents or monies paid to, or collected by him on any part or parts of…</p>