Chief Emmanuel Nwude & Ors V. Mike Ifeanyi Ozoemene & Ors (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A.

 This is an Appeal at the instance of the Appellants, who are appealing the Ruling of Hon. Justice J. C. Iguh sitting at the High Court of Anambra State, Awka Judicial Division, delivered on the 13th day of January 2014, in Suit No. A/121/2012.

FACTS RELEVANT TO THIS APPEAL
By Writ of Summons and Statement of Claim filed on the 19th of April 2012, the Plaintiffs (Respondents in the present Appeal) in Paragraph 25 of the Statement of Claim claimed several declaratory reliefs and restraining orders, against the Defendants (Appellants in the present Appeal.

The Appellants upon being served with the originating processes filed a motion challenging the competence of the suit, in that the Court had no jurisdiction to entertain same.

The Respondents filed a Counter affidavit and after argument by both parties, the lower Court dismissed the Appellants motion on the 13th of January 2014.

The Respondents had on the 19th of April 2012 taken out an action against the Appellants in that the traditional Ruler of Awka, H.R.H. Obi Gibson Nwosu (Eze Uzu Awka) informed the 1st

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Respondent that he had been relieved of his position as the Chairman of Umuozoch Development Union to take over and see to the running of the said union till the election to be conducted by the 4th appellant.

The Appellants on their part are of the opinion that the Respondents had a bad case, as the 9th Respondent who was the 9th Plaintiff at the lower Court could not have sued the 1st to 4th appellants who were the trustees of the 9th Respondent at the time of the Institution of the suit.

The Appellants consequently filed a motion on notice challenging the jurisdiction of the lower Court to entertain the suit on the ground that the 9th Respondent could not have taken out the action without the approval and consent of the 1st-4th appellants, who are its trustees and that there was no cause of action, or reasonable cause of action against the appellants.
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The Appellants are dissatisfied with the Ruling of the lower Court and are desirous of appealing same. Pursuant to the Practice Direction of this Honourable Court, the Appellants filed a Notice of Appeal on the 24th of January 2014 – Pages 328-332 of the Record of Appeal. With five (5)

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Grounds of Appeal.

The Appellant filed their brief of Argument on the 16th of April 2015. It is settled by Emeka Nwankwo, Esq.