EZE ANAYOCHUKWU ERNEST ANYANELE DUERUEBURUO V. INNOCENT IKWUNEME NWANEDO & ORS.

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Imo State holden at Orlu delivered by Nwachukwu J. on 2nd July, 1996 in suit No. HOR/117/85 whereby the preliminary objection challenging the competence of the trial court to entertain the suit for want of jurisdiction was overruled.

Dissatisfied with the ruling, the 1st defendant/appellant has appealed to this court.

In accordance with the Rules of this court, the appellant filed his brief of argument and identified two issues for determination as follows:-

"ISSUES FOR DETERMINATION

1. Whether the action is competent and the court can exercise jurisdiction when the plaintiff respondent failed to give written notice of intention to sue as required?.

2. Whether in view of section 25 of the Traditional Rulers Law No. 11 of 1981 of Imo State the High Court is only empowered to determine such matters by way of review not by writ of summons?."

The respondent filed a …