CHIEF ETETE S. OWOH & ORS. V. CHIEF KINGSTON U. ASUK & ANOR.

MAHMUD MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal Port-Harcourt Division. In the judgment delivered by that Court on 14th February, 2001, the Court set aside the decision of Woryi J. of the High Court of Justice of Rivers State Bori Division delivered on 3rd April, 1996 striking out the Plaintiffs' action brought against the Defendants. The Appellants who were the Plaintiffs at the trial High Court, for themselves and as representing Asarama Community, brought their action in 1988 against the Respondents who were the Defendants in that Court and in paragraph 30 of their statement of claim, sought for the following reliefs;

"(1.) A Declaration that the Defendant in the 1st set of Defendants is not the Okan-Ama His Royal Highness the Okan-Ama of Asarama, Andoni.

(2.) A Declaration that his purported appointment, installation and coronation of the 1st set of Defendant by the 2nd Defendants as His Royal Highness the Okan-A…