EDOZIE, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Cross River State, Ikom Judicial Division in suit No. C/208/98 delivered by Edem J. on 4th day of November, 1999 upholding or sustaining the objection of the respondent to the appellants’ Notice of Preliminary Objection.
The background facts leading to this appeal are that on the 10th day of June 1998 the plaintiff/respondents obtained an interim injunction upon an ex parte order restraining the 1st defendant from parading or holding out himself as the Oboi Kekpatu or Ward Chief of Ijiman and from exercising the functions of the said office. The 2nd and 3rd defendants/appellants were equally restrained from installing the 1st defendant/appellant as the Oboi Kekpatu of Ijiman.
All the defendants/applicants were ordered to stop collecting market tolls or rates from Ijiman market and directed to render account of monies received and deposit all such monies with the registry of the High…