DOMINIC EDE EDE MBANI (FOR THEMSELVES AND ON BEHALF OF THE FAMILY OF UMUNWEZETE OF OBEAGU UGBAWKA NKANU LOCAL GOVERNMENT AREA) V. NWAGBARA NWODO MBA OGONU JOHN ANEJIM NWATU EJIM (FOR THEMSELVES AND ON BEHALF OF UMUIGBUDU FAMILY OF OBEAGU UGBAWKA IN NKANU LOCAL GOVERNMENT AREA)

MUHAMMAD JSC (Delivering the Lead Ruling): By a motion on notice dated and filed on 3 March 2010, the applicants herein, asked for the following reliefs: An order setting aside the ruling of this court delivered on 4 April 1996.

An order of this court directing this appeal to be re-entered for hearing on the merits.

(3) And for such further order or orders as the court may deem fit to make in the circumstances.

Chief (Mrs.) Offiah, SAN moved the motion on notice. She stated that the application was brought pursuant to section 22 of the Supreme Court Rules, Order 8, rule 16, and section 36 of the Constitution of the A Federal Republic of Nigeria, 1999. The application is supported by two sets of affidavits: (i) sworn to by one Mr. Godwin Onovo who averred that he is a member of Umunwezete family of Obeagu Ugbawka on whose behalf and authoritythis actionwas institutedin a representative capacity. It contains 73 paragraphs and some exhibits attached; (ii) an affidavit in support of the mo…