TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Justice, Ekiti State holding at Ado-Ekiti delivered by Han, Justice M. O. Abodunde on the 17th day of March, 2005.
The case as can be gleaned from the Record of Proceedings has a chequered history. It was an action brought in a representative capacity. The case was instituted on July 8, 1993 by the Plaintiffs/Respondents. On the 18th June, 1998 judgment was however given in favour of the Plaintiffs/Respondents without giving the Defendants opportunity to open their defence. The Defendants/Appellants appealed against the said judgment. The case was subsequently re-assigned to Court No. 7 presided over by Hon. Justice M. O. Abodunde. The Plaintiffs/Respondents in their Statement of Claim, claim against the Defendants/Appellants as follows:
1. A declaration that from time immemorial and up till the time of taking this action, the traditional kingmakers for …