LAWRENCE KANU CHIEF TONY ONWUTUEBE (FOR THEMSELVES AND AS REPRESENTING MEMBERS OF THE INDEPENDENT PETROLEUM MARKETERS ASSOCIATION OF NIGERIA (IPMAN), ABA DEPOT) V. LAWRENCE OBETA JUDE ONYENAGBARU FRANK OGOKE JUDE IKE BOBBY DICK EBERECHUKWU EMEKA NWOBU JOSEPH NWOSU NNAMDI EMEH CHIDI OGBULAFOR MBONU THEADUS BARR. EMEKA OZURUMBA MRS. ROSE UMEH GLORY NZOTTA CHIEF G. C. NWOKE REGINALD CHUKWUNYERE UGOCHUKWU MBAKWE RICHMOND OSUJI ROSE OKPALA EMEKA OGALABOR PAULINUS OKOYE NNAEMEKA NWANKWO OBIOHA UMUEZURIKE (FOR THEMSELVES AND AS REPRESENTING THE EXECUTIVE COMMITTEE OF THE INDEPENDENT PETROLEUM MARKETERS ASSOCIATION OF NIGERIA (IPMAN), ABA DEPOT)

OHO JCA (Delivering the Lead Judgment): There are a number of issues slated for determination as far as this appeal is concerned. Chief of these is whether it is proper for the trial court not to have ordered pleadingsafter making findings of fact that there were irreconcilable conflicts, contentious and disputed facts which cannot be resolved by affidavit evidence in an action commenced by originating summons. There is also the issue of the trial court not ruling one way or the other in respect of a pending motion for joinder before delivery of its judgment in the substantive matter. In addition to these, what were the available legal options open to this court when one of the sides to this action was said to have conducted an election pendent lite in breach of the court’s injunctive orders.

The appellants in this case were the claimants at the trial court, and they commenced the suit on 15 April 2010 at the High Court of Abia State of Nigeria, Osisioma Judicial Division, vide a…