The appellants as plaintiffs sued the respondents as defendants on a writ of Summons and Statement of claim. The endorsement on the Writ of summons is as follows:
"The plaintiffs claim as against the Defendants is for:
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1
A declaration that:
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a
The installation of the 1st defendant as Chief GodswillTamunobaraimi Ben Stowe without the knowledge and consent of the Banigo House of Bonny and the Stowe House of Bonny under the Bonny native Law and custom is null and void.
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b
No such sub-House as Ben Stowe House in the STOWE HOUSE of the Banigo group Houses in Bonny exists under Bonny custom and tradition.
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c
No such sub-House as Ben Stowe House in the STOWE HOUSE of the Banigo group Houses in Bonny exists under Bonny custom and tradition.
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e
The incumbent of Stowe House is Chief Emmanuel Diepiri (Ihanifieresi) Stowe, the first plaintiff.
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2
An injunction:
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a
Restraining the first dependant from parading himself as chief Gods will Tamuno baraimi Ben stowe House of the Banigo group of Houses of Bonny.
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b
Restraining the second defendant and his successors-in office as secretary of the Bonny Chiefs Council from creating a Ben Stowe sub-House without the consent and initiative of the STOWE HOUSE and the BANIGO HOUSE of Bonny.
These reliefs were not endorsed in the Amended statement of claim. Paragraph 19 of the Amended statement of claim reads:
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19
wherefore the plaintiff claim as per writ".
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The learned trial judge heard evidence and entered judgment for the plaintiff. On appeal the judgment of the trial court was set aside and the suit struck out. This appeal is against that judgment. In accordance with rules of this court, briefs were filed and exchanged. The appellants brief was filed on the 3rd of November, 2004 while the respondents brief was deemed filed on the 29th of March 2006.
