Sir Tobias Ukaegbu & Ors V. Nze Oliver Nwanuforo & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This Interlocutory appeal emanated from the Ruling of the High Court of Imo State delivered on the 19th day of October, 2006 by Honourable Justice N.B. UKOHA.

The facts culminating into this appeal stem out of the Respondents’ action in Suit HOW/325/2004 wherein by their Writ of Summons issued out of the aforesaid Court on 23rd day of September, 2004, they are claiming against Appellants as follows:

“PARTICULARS OF CLAIM

The plaintiffs claim against the defendants jointly and severally is as follows:-

1. Declaration that the recognition of one Boniface Onuoha as a traditional ruler of a nonexistent Umuakanu Owerre Autonomous Community in Ehime Mbano Local Government Area is unconstitutional, illegal, null and void and of no effect whatsoever.
2. Declaration that Ezeadike Umunakanu Community is the proper name of the Unit to be granted Autonomous status in Ehime Mbano Local Government area with Chief Onuoha Ephraim Onucha as the Traditional ruler.
3. An order of court directing the 9th, 10th and 11th defendants to take urgent steps to create the plaintiff’s Community as Ezeadike Umunakanu Autonomous Community with Chief Onuoha Ephraim Onucha as the traditional ruler in accordance with the custom and tradition of the people of the area.
4. An injunction restraining the 3rd defendant Boniface Onuoha from holding himself out or continuing to hold himself out and from parading himself as a Traditional ruler in a purported Umunakanu Owerre which is actually Ezeadike Umunakanu Community.
5. An injunction restraining the 9th – 10th and 11th defendants by themselves their servants and persons representing them from creating Umunakanu “Owerre Autonomous Community” in the place of Ezeadike Umunakanu Owerre Autonomous Community in the Ehime Mbano Local Government Area and from recognizing and giving any certificate of recognition to the 3rd defendant as a traditional ruler and from giving the 3rd defendant any staff of office as such traditional ruler.
6. An injunction restraining the defendants and each of them by themselves, their servants, agents and privies from coronating the 3rd defendant as an Eze of purported Umunakanu Owerre Autonomous Community within the area known as Ezeadike Umunakanu Community.

The Plaintiff’s and the 1st-8th defendants reside at Ezeadike Umunakunu Owerre in the Ehime Mbano Local Government Area of Imo State. The 9th, 10th, 11th, and 12th defendants are Imo State Government functionaries in Owerri.”

The Respondents as Plaintiffs filed their statement of Claim in the matter on 24th day of October, 2005.

The Appellants, without filing a Statement of Defence in the action, proceeded to file a Motion On Notice wherein they sought for the striking out of the Respondents’ action on the ground that they lacked the Locus Standi to initiate the action. The said motion reads as follows:-

MOTION ON NOTICE

“PURSUANT TO SECTION 6(6)(B) OF THE 1999 CONSTITUTION

OF THE FEDERAL REPUBLIC OF NIGERIA

&

ORDER & RULES 2(1)

IMO STATE HIGH COURT (CIVIL PROCEDURE) RULES, 1988