Before Their Lordships
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
PAUL ADAMU GALUMJE Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
1. MR. AUGUSTINE ARUEZE
2. MR. OKONKWO IYASE
3. CHIEF COLLINS AFUWAH
(for themselves and on behalf of Umu-Uti family of Agidiase quarter, Ogwashi-Uku) Appellant(s)
AND
CHIEF MIKE A. NWAUKONI Respondent(s)
…………………….A…………………….
SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This appeal is brought by the Appellants/Cross Respondents and the Cross-Appeal brought by the Respondent/Cross-Appellant are against the judgment of the Court of Appeal, Benin Division delivered on 12th July 2010 in Appeal No. B/CA/94/2009. The Court of Appeal reversed the judgment of the High Court of Delta State, Ogwashi-Uku Division (‘the trial Court) delivered on 20th March 2008 in favour of the Appellant/Cross Respondents in Suit No. O/9/2005. The lower Court however made some findings against the Respondent as laid-out at pages 464-542 and at 712-760 of the Record of Appeal for the two judgments respectively.
The Appellants/Cross-Respondents expressed dis-satisfaction with the judgment of the Court of Appeal and filed a Notice of Appeal dated 13th July 2010 and an amended Notice of Appeal deemed 15th June 2017 against the decisions of Court of Appeal. The Respondent/Cross-Appellant who was the Appellant at the Court of Appeal is also not totally satisfied with some parts of the judgment wherein the Court of Appeal held that the suit that culminated in the instant was properly constituted notwithstanding that all the families interested/affected in the subject matter of the suit (the chieftaincy title) were not joined as parties in the suit. The grievances of the Respondent’s Cross-Appeal are contained in the `Notice of Cross Appeal’ filed 4th November 2012 and deemed on 15th June, 2017.
SUMMARY OF FACTS:
The suit from which this appeal arose was filed by the Appellants (as Plaintiffs) in a representative capacity on behalf of themselves and their family (Umu-Uti family). The suit sought specific declarations
