Facts:

The appellants (who were plaintiffs at the court below) filed an originating summons against the respondents (who were defendants at the court below) praying for the following:

1. A declaration that the minutes of the meeting held at Omadino on Tuesday, 7th April 1998 appointing the trustees of Omadino development association, which is marked EXHIBIT ‘H’ in these proceedings failed to meet the preliminary requisition required in respect of the incorporation of Omadino development association and was therefore invalid, null and void.

2. A declaration that the undertaking contained in a letter signed by Nelson Amiwero, secretary to Omadino development association and marked EXHIBIT ‘M’ has expired by effluxion of time and therefore renders the certificate of incorporation issued in reliance thereon liable to cancellation and is of no effect whatsoever.