HIS HIGHNESS, ALHAJI A.G. MOMOH & ORS. V. HIS HIGHNESS, ALHAJI I.M. UMORU & ORS.

SULEIMAN GALADIMA J.S.C. (Delivering the Leading Judgment): This case has a chequered history- The court below was saddled with the task of having to hear the appeal for the second time under the following circumstances. The present appellants as plaintiffs first commenced the action in 1981, before the High Court of Auchi in suit No. HAU/46/81 presided over by Akpovi (J) (as he then was). Judgment was delivered in 1984 whereby the learned trial judge refused to grant the declaratory reliefs and the order of injunction being sought by the plaintiffs. In the said judgment the learned trial Judge gave what he termed as "a compromise solution" judgment.

Dissatisfied with that decision the plaintiffs appealed to the court below, which allowed the appeal but made consequential order remitting the case to the High Court Auchi for re-hearing de novo. Their further appeal to this court was struck out. The plaintiffs were thereby left with no legal option but to revert to the earlier order of …