MR. IBRAHIM O. SARKI & ORS V. MINISTRY FOR CHIEFTAINCY AFFAIRS, KADUNA STATE & ORS

ISAIAH OLUFEMI AKEJU, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kaduna State contained in the Ruling delivered by Hon. Justice T. Zailani sitting at Kaduna Division on 27th September, 2011 in Suit No. KDH/KAD/579/2009, commenced by the Appellants as Plaintiffs through the Writ of Summons and Statement of Claim dated 4th August 2009 and 31st July, 2009 respectively for five declaratory reliefs, three orders and a nineth relief for "Such other or further Order(s) or Declaration(s) as the Honourable Court may deem fit and proper to make in the circumstances and in the interest of justice".

The Respondents as Defendants in that court filed their Memorandum of Appearance and Joint statement of Defence with leave of Court to which the Appellants filed a Reply also with leave of the court. The suit was struck out for non-diligence on the part of the plaintiffs, but was relisted and restored by the court.

The Respondents filed a motion on …