Appellant as plaintiff was aggrieved with the appointment of the 6th respondent to the traditional chieftaincy of Olore of Ore.

Thus an action was filed against all the respondents challenging the appointment. Thereafter, he filed a motion ex party seeking some reliefs one of which was granted permitting plaintiff to sue in a representative capacity.

Upon service on the respondents, the 1st, and 2nd and 7th respondents raised a preliminary objection to the entire action on the ground that the trial High Court was not competent to hear the suit. The court struck out the suit after hearing the preliminary objection. He promptly appealed