Barnabas Nwadiaro & Ors V. The President and Members of Customary Court Ossomala (2016)

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EMMANUEL AKOMAYE AGIM, J.C.A. 

On 21-8-2000, the Ossomala Customary Court at Ossomala, Anambra delivered judgment in suit No. CCOS/22/98 in favour of the 2nd set of respondents herein as plaintiffs against the appellants herein as defendants in the following terms-
“1. It is abundantly clear that the part and parcel of land called Ani-Ufu belongs to Umunzerobi family in Ogwu Aniocha.
2. The Court therefore ordered perpetual injunction restricting the defendants Umu Onwuka Edimmili family of Umunkwocha village of Oguta, their agents, servants from committing further acts of trespass in any manner whatsoever without the express permission from the plaintiffs.
3. The Court has therefore ordered the defendants to pay a fine of (N1,000.00) to the plaintiffs.
4. A fine of (2000.00) is hereby imposed on the defendants by the Court as Court fine.
5. The Court finally stresses that any of the parties that is not satisfied with this judgment is free to appeal to any other higher Court within 30 days of this judgment.”

?With the leave of the trial Court granted on 6-3-2006, the appellant by a motion on

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notice filed on 16-3-2006 applied for-
1. An order of certiorari removing the entire proceedings and judgment of the Customary Court of Ossomala in Ogbaru Local Government Area of Anambra State in suit No. CCOS/22/98 for the purpose of being quashed on grounds of bias and want of jurisdiction.
2. An Order quashing the proceedings and judgments in the Ossomala Customary Court in suit No CCOS/22/98.
And for such further orders as the Honourable Court may deem fit to make in the circumstances of the case.

The grounds for seeking the reliefs were that the land in dispute was situate in Imo State outside the territorial jurisdiction of Ossomala Customary Court, that a similar matter in respect of the same suit land had been filed in the Anambra State High Court at Onitsha and the suit was struck out following the challenge to the Court’s jurisdiction to entertain it, that the Ossomala Customary Court refused the appellant’s counsel audience in the proceedings before it, that the 2nd set of respondents and the judges of Ossomala Customary Court are all from Ogbaru Local Government Area of Anambra State and that the suit No.CCOS/22/98 at the

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Ossomala Customary Court was statute barred.

Upon the application of the appellants, the trial Court on 8-6-2006 ordered that- “That leave be and is hereby granted to the Applicants to effect the service of the Originating Motion on Notice and all other processes in this suit on the 2nd set of Respondents by substituted means by pasting them on the notice Board on the premises of the Headquarters of Ogbaru Local Government at Atani, Ogbaru Local Government Area of Anambra State.

On 12-5-2009, this Court heard only the appellants herein and granted the application for certiorari in the following terms
1. That this application hereby succeeds.
2. The proceedings and judgment delivered by the Ossomala Customary Court in suit No CCOS/22/98 is hereby quashed.
3. No Order as to costs.

The 2nd set of respondents by a motion on notice filed on 6-4-2010 in MISC suit No.O/45m/2010 applied for-
1. Extension of time within which to seek the order of Court setting aside the Ruling delivered by this Court on the 12th day of May, 2009.
2. An order of Court setting aside the Ruling entered in suit No.O/20m/2006: Barnabas Nwadiaro &

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4 Ors Vs Ajie Samuel Ajadobi & 6 Ors by this Court on the 12th day of May, 2009 in their absence and to hear the matter afresh under the ground that the trial was a nullity.

The 2nd set of respondents by another motion on notice filed on 25-10-2010 in MISC Suit No O/990m/2010 applied for-
“1. An order striking out motion No.O/45m/2010 earlier filed in this suit
2. Extension of time within which to seek the order of Court setting aside the Ruling delivered by this Court on the 12th day of May, 2009.
3. An order setting aside the order for substituted service granted by this Court on 8th June, 2006.
4. An order of Court setting aside the Ruling entered in Suit No.O/20m/2006: Barnabas Nwadiaro & 4 Ors vs. Ajie Samuel Ajadobi & 6 Ors by this Court on the 12th day of May, 2009 in their absence and to hear the mater afresh under the ground that the trial was a nullity.”