PRINCE JAMES IHEANACHO (FOR HIMSELF AND ON BEHALF OF OTHER MEMBERS OF DURUAKU KINDRED, AMUCHA) V. EZE CORNELIUS OFOEGBU GODWIN IWUNZE THADIUS EZEALA (FOR THEMSELVES AND AS REPRESENTING OTHER MEMBERS OF AMUCHA DEVELOPMENT ORGANISATION EXCEPT MEMBERS OF DURUAKU KINDRED)

AKPIROROH, JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory ruling of the High Court of Imo State, holden at Orlu, delivered on the 20th day of September, 1990, in suit No. HOR/115/ 89, wherein the objection to the jurisdiction of the court to hear the matter was overruled.

The substance of the contention of learned counsel for the appellant is that as the action is predicated on chieftaincy matter, the High Court has no jurisdiction to entertain it. Dissatisfied with the ruling, the appellants appealed against it to this court and filed a brief of argument and identified two issues for determination as follows:- “ISSUES FOR DETERMINATION:

Whether the trial court was right in striking out sub-paragraphs “5” and “6” of paragraph 26 of the statement of claim withouthearing from the defence on the oral application made by the plaintiff’s counsel in the course of argument and without any attachment to the writ of summons.

(2) Whether, after the purported stri…