MR. Godwin Eziukwu Nwaigwe & Anor V. I.i. Amaechi Esq & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Abia State High Court in Suit No. HOB/4/2013, delivered on 24th June, 2013 by Hon. Justice Ori Zik Ikeorha, wherein the learned trial Court refused the application by Appellants to prohibit the Customary Court (manned by the 1st to 3rd Respondents) from further hearing of the 4th Respondent?s Suit, but rather ordered the Suit to be re-assigned to another Customary Court.

A brief facts of this case at the Court below shows that the 4th Respondent had sued the Appellants at the Customary Court for the administration of their father?s estate and for account. He also filed a motion for interlocutory injunction to restrain the Appellants from decimating the res, which was adjourned to 12/3/13 for hearing.

?Appellants did not want the Customary Court (by 1st to 3rd Respondents) to hear the case, and so filed an ex-parte motion in the High Court, in Suit No. HOB/4/2013, which was granted, for leave to apply for prerogative orders of the High Court to prohibit the Customary Court from further hearing of the Suit. Upon hearing

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the prerogative writ, the High Court dismissed the Application to prohibit the hearing of the Suit, but directed the transfer of the Suit to another Customary Court. The 1st to 3rd Respondents were/are judges of the Customary Court, Obingwa District Court.

Dissatisfied with that decision, Appellants filed this appeal on 23/7/2013, as shown on pages 68 to 71 of the Records of Appeal. They later filed Amended Notice of Appeal on 30/11/2016, which was deemed duly filed on 7/12/16. They disclosed Seven (7) grounds of appeal therein, and filed their Brief of arguments on 27/10/14, which was regularised on 7/2/16 and a Reply Brief on 2/12/16. They distilled 4 Issues for the determination of the Appeal as follows:

(1) Whether the Customary Court had jurisdiction to hear the Suit. (Ground one)

(2) Whether a Customary Court can make an ex-parte interim Order of injunction affecting land. (Grounds 2 and 3)

(3) Whether the High Court in a prerogative application against a Customary Court, has power to order transfer of the case and reassignment of the same to another Customary Court. (Ground 4).

(4) Whether the Order of interim injunction granted

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by the Court to last for an indeterminate period was valid in law. Grounds (5, 6 and 7).

The 4th Respondent filed his brief on 28/4/16 which was deemed duly filed on 26/9/16. He adopted the issues distilled by the Appellants for the determination of the Appeal.