Nze Edward Ali V. Engr Cornelius Chika Uzoigwe & Ors (2016) LLJR-CA

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IGNATIUS IGWE AGUBE, J.C.A. 

In the High Court of Justice, Imo State in the Mbaitoli/Ikeduru Judicial Division, Holden at Iho in Suit No.HMI/2/2004, the 1st-4th Respondents (as Plaintiffs) claimed against the Appellant (then as 1st Defendant) and the 5th and 6th Respondents (as 2nd and 3rd Defendants) in both their Writ of Summons and Statement of Claim dated 8th January, 2004, 5th day of January, 2004, 10th day of March, 2004 and filed on the 8th January and 11th March, 2004 respectively, the following Reliefs:
1. Declaration that the purported recognition of the 1st Defendant by the 2nd Defendant as the Traditional Ruler of Obinnoha Autonomous Community, in Mbaitoli Local Government Area of Imo State was not in accordance with the agreed method of the people of Obinnoha Autonomous Community and is therefore illegal, null and void and of no effect whatsoever.
2. Order of Court setting aside the purported recognition of the 1st Defendant by the 2nd Defendant as it was not done in accordance with the custom and agreed method or formular adopted by the people of Obinnoha Autonomous Community for

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choosing a Traditional Ruler which favoured the Plaintiff.
3. Declaration that the 1st plaintiff and not the 1st Defendant is the proper person entitled or qualified for recognition by the 2nd Defendant as the Traditional Ruler of Obinnoha Autonomous Community in the Mbaitoli Local Government Area of Imo State having been duly identified, selected, presented, and traditionally installed as one, in accordance with the resolution of the Umuduru Community, which was mandated by the people of Obinnoha Autonomous Community, to produce the first Traditional Ruler.
4. Perpetual Injunction, restraining the First Defendant from holding out himself or parading himself in any manner whatsoever as the Traditional Ruler of Obinnoha Autonomous Community in the Mbaitoli Local Government Area of Imo State having not been recognized in accordance with the agreed formula chosen by the entire people of Obinnoha and the Applicable Law, which method favoured the 1st Plaintiff.?

Upon being served with the Originating processes, the Defendant (now Appellant) entered conditional Appearance by a Memorandum dated the 19th of January, 2004 but filed on

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the 22nd January, 2004 through his Counsel I.B.B. Madubuko Esq and subsequently his Statement of Defence dated 30th April, 2004 was filed on 27/5/2004. The 2nd and 3rd Defendants (now 5th and 6th Respondents) filed their Joint Statement of Defence subsequently on the 16th of January, 2006. The Statements of Claim and Defence of the respective parties were accompanied by Witness Statements on Oath and the List of Documents sought to be relied upon at the trial.

The facts of the case as can be gathered from the Records and the Judgment of the Lower Court are that, after exchange of pleadings and issues joined, hearing commenced under the old Imo State High Court (Civil Procedure) Rules on the 18th day of June, 2008 but upon the new Rules coming into effect, the matter started de novo as the parties had to comply with the new Rules. In line with the said Rules, Pre-Trial Conference was held and both Learned Counsel for the Plaintiffs and the 1st Defendant (now 1st ? 4th Respondents and Appellant) identified a Sole Issue for determination which was: ?Whether the 1st Defendant was qualified to be recognized as the Traditional Ruler of Obinnoha

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Autonomous Community.?

In the light of the foregoing, on the 30th day of June, 2010 after the Learned Counsel to the parties had agreed that: (1). The issue therein was not that of facts but of law and therefore agreed to address the Court on the qualification of the 1st Defendant to be the Eze of his Autonomous Community as stipulated by Imo State Law (2). There was also an Ancillary issue on whether the 1st Claimant (now Respondent) as a Public Servant can be recognized as an Eze, the Suit having been brought in a representative capacity; (3). Chief D.C. Ndiokwere for the Plaintiffs asked for 7 days while I.B.B. Madubuko Esq for the 1st Defendant asked for 14 days; the Learned Trial Judge granted their requests and adjourned the case to the 27th day of July, 2010 for adoption of Written Addresses.

On the 27th day of July, 2010, the case was further adjourned to the 26th day of October, 2010 for Ruling on the Motion for Amendment and Judgment, after the Learned Counsel for the parties had adopted their said Written Addresses.

?On the 3rd day of March, 2011, the Learned Trial Judge delivered his Judgment granting all the Reliefs sought by

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