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ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This appeal is against the Ruling of Imo State High Court in Suit No. HOU/47/2013, delivered on 28/5/2014 by Hon. Justice K.A. Ojiako, wherein the learned trial judge struck out the Suit on the ground that the Originating Summons was an abuse of the process of Court; that the Suit sought a relief over land, the subject matter of which the Supreme Court had earlier decided on.
On 28/10/2013, Appellants (as Claimants) took out an Originating Summons and sought the following:
(1) A declaration that the judgment/finding of Orlu Native Court holden at Orlu in case No. 397 of 20/6/16 which was affirmed by the District Officers Court of Apeal holden in Orlu in Orlu Judicial Division is subsisting.
(2) A declaration that the rights conferred on the parties in suit No. 397 of 1916, which was affirmed by the District Officers Court of Appeal at Orlu have not extinguished.
(3) A declaration that Umuokpara Amadehi (Claimants), Umuezeala (Defe…