THE INCORPORATED TRUSTEES OF THE LADIPO MAIN MARKET ASSOCIATION MR. EDWIN MUOH MR. SIMEON NKPEDINOBI MR. TONY ONYEMELUKWE (FOR THEMSELVES AND OTHER MEMBERS OF THE ELECTORAL COMMITTEE OF LADIPO MAIN MARKET TRADERS ASSOCIATION) MR. ELIAS EZEOKAFOR MR. ALPHONSUS EZIEUGWU MR. ABAI F. C. ABIA MR. AJULUCHUKWU EZEANYA V. MR. OSITA OBIEKWE MR. AZIBUIKE ANUDU MR. OKEY IMOH MR. OSITA UMEH

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court delivered on 27th February,2003. At the lower court, the appellants were the defendants while the respondents were the plaintiffs. The brief summary of the facts of this case can be deduced from the statement of claim at pages 6 - 10 of the record with specific reference to paragraph 22 whereby the plaintiffs’claim against the defendants, jointly or severally or jointly and severally was as follows:- “(i) A declaration that the 1st defendant owes the plaintiffs a duty to ensure the smooth operation of their business by ensuring that those who aspire to be elected into the executive committee are those who are qualified to be elected under the constitution of the association.

A declaration that the 2nd to 4th defendants having accepted to serve as chairman, secretary and member of the electoral committee have a duty to comply with the provisions of the constitution and ensure th…