CHIEF FRANCIS NJOKANMA (J.P) (OZOMA OF OGWASHI-UKU) FELIX IZEDIUNOR WILSON IZEDIUNOR NEWTON IZEDIUNOR (FOR THEMSELVES AND ON BEHALF OF DIEYI FAMILY OGBENTI UMUDEI OGWASHI-UKU) V. PRINCE THOMAS MOWETE PRINCE NWAOKOLIE OHEI PRINCE NWAFOR EMORDI PRINCE NWEKE OSAMOR PRINCE MICHAEL OKONJO (FOR THEMSELVES AND ON BEHALF OF THE UMU-OBI OBAHAI ROYAL FAMILY OGBENTI UMUDEI, OGWASHI-UKU) THE EXECUTIVE COUNCIL OF DELTA STATE THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE DELTA STATE THE SECRETARY, ANIOCHA SOUTH TRADITIONAL COUNCIL

AKAAHS, JCA (DELIVERING THE LEAD JUDMENT): This is an appeal by the 4th - 7th defendants against the decision of the High Court of Delta State of Nigeria holden at Ogwashi-Uku contained in the Ruling of the Honourable Mr. A.P.E. Awala, Judge on 21/5/96 in Suit No. 0/5/85.

The brief facts necessary for this appeal may be stated as follows:- The Writ of Summons in the action was filed at Ogwashi-Uku High Court as Suit No. 0/5/85. As a result of several interlocutory applications and/or appeals the trial of the substantive suit had been delayed for over 11 years. At the time the motion which culminated in this appeal was filed before Omo-Agege J (as he then was) the plaintiffs had called a total of eight witnesses and tendered 12 exhibits when Decree No. 12 of 1994 was promulgated. Following the promulgation of the said Decree No. 12 of 1994, learned counsel for the defendants Dr. C.Y.O. Adei filed the application on behalf of the 4th - 7th defendants/appellants urging the court to abat…