HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice I. A. Umezulike, Chief Judge of the Enugu State High Court in Suit No. E/435M/2003 delivered on 1/2/2006.
The facts that led to this appeal are as follows:-
The Respondents applied for an order of certiorari to quash the proceedings and judgment of the Customary Court, Enugu East sitting at Nike in Suit No. CCN/15L/2001 on the ground that the parties and the subject matter in Suit No. CCN/47L/2002 and CCN/15L/2001 at the Customary Court were identical and that judgment had been delivered in favour of the Respondents in Suit No. CCN/47L/2002 on 23/6/2003, as such the Court lacked jurisdiction to entertain and deliver the judgment in Suit No. CCN/15L/2001 on 21/7/03.
The learned Chief Judge considered the application for certiorari unmeritorious but did not dismiss it and made orders therein. Dissatisfied with the decision of the lower Court, the Appellant filed a No…