The Plaintiffs in a chieftaincy dispute (suit no. UHC/9/88) had in that suit filed on 25th January, 1988 claimed from the Defendants/Appellants
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1
A declaration that in accordance with the tradition, native law and custom of the Uwherun clan, Ughelli Local Government Area of Bendel State, within the jurisdiction of this Honourable Court, the Senior Odion Uwherun is appointed from EROVIE Quarter and EROV1E Quarter only and is not subject to rotation among the five Quarters which make up Uwherun.
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2
A declaration that EROVIE Quarter is the only Ruling House in Uwherun Clan.
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3
A declaration that the purported appointment and subsequent gazetting of the 1st Defendant from EHERE Quarter as the Senior Odion of Uwherun is contrary to Uwherun native law and custom, usage and tradition and is therefore, null and void and should be set aside.
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4
An injunction restraining the 1st Defendant, his servants, agents or privies or any of the 1st - 4th Defendants from functioning or continuing to function as Senior Odion of Uwherun pending the determination of this suit.
When the Defendants were served with the writ of summons on 16th February 1988, they on 22nd February filed a motion praying the trial High Court for an order dismissing the action in suit No. UHC/9/88. Their Prayer was then amended by another motion filed on 21/12/88 which sought to;
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1
Dismissing this action in Suit No. UHC/9/88 for being frivolous, vexatious, oppressive and an abuse of the process of the Court.
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2
Dismissing this action in suit number UHC/9/88 on the grounds ;
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a
that the Court has no jurisdiction to entertain it
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b
that the subject matter of the suit being the appointment and recognition of a chief is not justiciable.
The plaintiffs then filed further affidavit filed a motion on 29/12/88 seeking to strike it out. On 27/2/90 the defendants two motions were by leave of court withdrawn and struck out with costs to the Plaintiffs. .
On the 19th of December 1990, the defendants made an application for the following orders:-
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1
Dismissing Plaintiffs action in Suit No UHC/9/88 for being frivolous, vexatious, oppressive and an abuse of the process of the Court as well as on the ground that the court lacks jurisdiction and that the subject matter of the suit being the appointment and recognition of a Chief is not justiciable.
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2
On the application of the defendant being heard, the learned trial Judge upheld the application and dismissed the Plaintiff's suit No UHC/9/88. Being aggrieved, the plaintiffs appealed to the Court of Appeal, which appeal was upheld. Dissatisfied defendants have now appealed to the Supreme Court.
