DAVID EKE JACOM CHUKWU MATHEW OMAMA (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF MBAEZI MBALA, ISOUCHI) V. AMOS EKE WILLIAM OKORO ISAAC IMA KABAOBI (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF UMUOBASI, MBALA, ISUOCHI) V. EBO AKPU IKECHE IBEUMUHU UMUALO NWABU UWA UME (FOR THEMSELVES AND ON BEHALF OF THE PEOPLE OF UMUAKU, ISUOCHI)

GARBA JCA (Delivering the Lead Judgment): This interlocutory appeal is against the decision of the High Court of Abia State sitting at Lokpanta contained in a ruling delivered on 24 May 2001. In the said decision, the High Court had dismissed the application by the appellants who were the 1st set of defendants in suit No. HUM/15/99 to strike out or set aside paragraph 12 of the respondents’ (as plaintiffs) amended statement of claim. Being dissatisfied with the decision, the appellants caused a notice of appeal to be filed against same pursuant to an order of the court granted on 6 June 2005. Two (2) additional grounds of appeal annexed to a motion filed by the appellants on 11 August 2005 as exhibit 1 were also filed with the leave of court to make the total number of the grounds of appeal six (6). Briefs of arguments were settled as follows: Appellants’ brief of argument was filed on 11 August 2005 and the respondents’ brief filed on 2 March 2007 was deemed filed on 9 May 2007.

Bef…