A. A. Ohaji & Ors V. Chief Pius Unamka & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment)

This is an appeal by the Appellants against the Ruling of Hon. Justice B. A. Njemanze sitting at Imo State High Court, Aboh Mbaise dated 12th day of April 2000 striking out the Appellant case on the ground that the action as presently constituted disclosed no cause on the ground that the action as presently constituted disclosed in cause of action.

The ruling is sequel to a motion filed by the 1st Respondent in the Imo State High Court sitting at Aboh Mbaise pursuant to order 24 Rules 2, 3 and 4 of the Imo State High Court (Civil Procedure) Rules 1988 and on the inherent Jurisdiction of the court praying as follows:

1) An Order dismissing the Plaintiffs suit on the grounds that the Court lacks jurisdiction to entertain same by virtue of the fact that it was instituted in gross violation and/or contravention of section 25 of the Traditional Rulers and Autonomous Communities law No. 11 of 1981.

2) The Plaintiffs have no locus to institute this action.

3) The suit is tainted with a fundamental vice of improper joinder and misjoinder of parties.

In his ruling at pages 133 to 140 of the records of proceedings learned trial Judge struck out the Plaintiffs’ Suit on the ground that Plaintiffs’ Statement of Claim did not disclose any cause of claim and Court has no Jurisdiction to entertain the Suit.

Dissatisfied with the decision of the trial court the Appellants appealed to this Court vide their Notice of Appeal dated 10th May 2000 containing four Grounds of Appeal.

The Appeal was heard on the 10th of March 2010 and in line with the Rules and practice of this court; the parties were obliged to file their briefs of Argument. The Appellant brief of Argument is dated 7/11/01 and deemed filed on 23/4/02. Learned counsel for the Appellant adopted the brief of argument and urged the court to allow the Appeal and remit the case to the lower court for hearing on the merit. This Appeal is being determined on the Appellant brief alone by the order of this court made on the 30th October 2008.

Learned Counsel the Appellant formulated two issues for determination which are stated as follows:-

1. Whether the learned trial judge was right in holding that the plaintiff claim did not disclosed any cause of action.
2. Whether the learned trial judge was right in holding that the Honourable court has no Jurisdiction to entertain the plaintiffs claim.

On issue No. 1. – Learned Counsel for the Appellant referred to Plaintiffs’ Statement of claim at pages 107 to 110 of the record of proceedings. That by paragraph 20(a) of the statement of claim. The plaintiffs claim against the defendant is a declaration that the 5th plaintiff is the Eze Elect of Amuzi Autonomous Community, Ahiazu Mbaise local Government Area.

That in paragraphs 8, 9, 10, 11, 12, 13 and 14 of the Statement of Claim the Plaintiffs averred that the 5th Plaintiff was duly identified, selected, appointed and installed in accordance with the tradition and custom of the people of Amuzi Autonomous Community and was duly presented to Chief Executive of the Ahiazu Mbaise Local Government Area for recognition by the second defendant as Eze of Amuzi Autonomous Community.

That by the provision of Order 24 Rues 1, 2 and 3 of the Imo State High Court Civil produdure Rules, the Defendants admitted the aforemention averment of the plaintiffs. That by paragraphs 8, 9, 10, 11, 12, 13, 14 and 18 of the statement of claim which were admitted by the defendant for the purposes of Order 24 Rules 1, 2 and 3 of the Imo state High Court procedure Rules, the plaintiffs established the 5th Plaintiff title/right to the Ezeship stool of Amuzi Autonomous Community as well as the right of 1st to 4th plaintiffs to put in motion the machinery for the identification, selection, appointment and installation of the Eze of Amuzi Autonomous community in accordance with tradition and custom of the people of Amuzi.

That by paragraph 15, 16, 17 and 19 of the Statement of Claim which were admitted by the Defendants for the purposes of Order 24 Rules 1, 2 and 3 of the Imo State High Court Civil Procedure Rules. The plaintiffs established the invasion of and/or challenge to the 5th plaintiff title/right to the Ezeship Stool of Amuzi Autonomous Community by the 4th Defendant as well as the invasion and/or challenge to the rights of the 1st to 4th plaintiffs to put in motion machinery for the identification, Selection etc. of the Eze of Amuzi Autonomous community in accordance with the custom and tradition of the people of Amuzi.