Chief Gabriel Iwuoha & Anor V. Chief Jonathan Kezie & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

The action leading to this appeal was instituted by the 1st Respondent as Claimant vide Writ of Summons issued out of IMO STATE HIGH COURT sitting at MBANO/ETITI JUDICIAL DIVISION on 18th day of August, 2009 wherein the said respondent claimed against the Appellants and the Attorney General of Imo State the following reliefs namely:

(a) A declaration that the land wherein the Isiala Mbano Local Government Headquarters is located is Umuduru Land, that it is the same land Umuduru gave to the British Colonial Administration in 1902 and that the name of the said headquarters is Umuduru from time immemorial and as decided by the Court of Appeal and affirmed by the Supreme Court in Suit No. SC 87/1999.

(b) An order of this Honourable Court directing the 3rd Defendant and all other necessary officers, servants or privies of the Government of Imo State of Nigeria to forthwith change the name of the aforesaid Isiala Mbano Local Government Area Headquarters to Umuduru and to do all things necessary to give effect thereto.

(c) A declaration that the entire land occupied by the

defendants is Umuduru Land and that the claimants are entitled to possession thereof.

(d) An order of forfeiture of the entire claimants land now occupied by the defendants by reason of their misconduct

The Appellants filed conditional Appearance on 23rd day of September, 2009 through their Learned Senior Counsel Chief Eze Duruiheoma SAN and followed it up with a MOTION ON NOTICE dated 12th day of October, 2009 and filed on 19th day of October, 2009 wherein the Appellants prayed the Lower Court for:

?(i) Order striking out or Dismissing this Suit for lack of jurisdiction.

(ii) AND such Further Orders as the Honourable Court may deem fit expedient (sic)

The grounds upon which the Motion was predicated was stated as follows:

The Honourable Court lacks the power or jurisdiction to grant the reliefs sought in this Suit because:

(i) To do so will have the effect of amending existing Laws including the Constitution of the Federal Republic of Nigeria.

(ii) The relief on forfeiture is statute barred.