CHIEF P. D. INOMA-BIRIYA & ORS. V. CHIEF C.A.B. OMONI & ANOR

KOLAWOLE, J.C.A. (Delivering the Leading Judgment): The appellants who were the plaintiffs at the Rivers State High Court in the Degema Judicial Division instituted this action against the defendants, the respondents in this appeal on November 12th,1985.

They claimed jointly and severally for:

(1) A declaration that the first defendant has ceased to be Amadabo of Ke with effect from March, 1980 and the Amadabo stool of Ke is now vacant.

(2) A perpetual injunction restraining the first defendant from parading himself, or performing any function as the Amadabo of Ke.

(3) A perpetual injunction restraining the Government of the Rivers State from continued recognition of the first defendant as the Amadabo of Ke.

The plaintiffs and the second defendant filed their respective pleadings.

In paragraph 4 of the statement of defence of the second defendant, the Attorney-General of Rivers State of Nigeria, it was averred that:

"4. The 2nd defendant in further answer to all the claims of the plai…