CHIEF GAB MBAMALU V. REGISTERED TRUSTEES OF AUTO SPARE PARTS AND MACHINERY DEALERS ASSOCIATION (ASPMDA), MR. JOHNSON OFORTUBE, MR. POLYCAP EGWUONWU, MR. NGOZI EMECHEBE & MR. EDWIN OBI

UWABUNKEONYE ONWOSI, J.C.A. (Delivering the Lead Judgment): This appeal is against the ruling of the High Court of Lagos State, sitting at Lagos Judicial Division delivered by HON. JUSTICE E.A. LUFADEJU (MRS) on the 15th day of July, 2005 in Suit No. LD/1427/2003. The Trial Court on the 15th day of July, 2005, struck out the writ of summons and statement of claim in the suit and upheld the decision of the conflict resolution and National Executive Committees of the 1st defendant.

Irked with the decision of the Court below, the Appellants filed an Amended Notice of Appeal on the 12th day of December, 2008, setting out seven (7) grounds of appeal.

BRIEF FACTS OF THE CASE

The Appellant commenced an action at the High Court of Lagos State seeking declaratory reliefs, perpetual injunction, damages, and costs. The principal relief sought was a declaration that the Appellant is the lawful owner of Shops 2 and 29 located in Zone D, Block 2A of ASPMDA Shopping Plaza within the International Trade…