112 FEDERATION WEEKLY LAW REPOTS 4 JUNE, 2001 NELSON IKE FELIX DIKE MAXWELL ANYA (FOR THEMSELVES AND AS REPRESENTING ALAMANU COMMUNITY, AGBAOBU, OKIGWE) V. IROABUCHI CHUKWUNONYE SIMON OKOLI JUDE NWOKE EDMUND OKOLI

IKONGBEH, JCA (Delivering the Lead Judgment): The appellants herein were the plaintiffs before the Okigwe Local Government Council Area Customary Court (Mr. C. O. Maduagwu, Chairman, Chief M. U.

Akanonu and Mr. J. C. Onynauchi, members), sitting at Umulolo, where they had sought some declaratory and injunctive reliefs against the respondents herein. After calling eight witnesses, the plaintiffs, sensing that their case was doomed to failure, sought leave to withdraw it and urged the court to strike it out. The defendants raised a stiff opposition to such move, insisting that if the plaintiffs no longer wished to proceed with the case, the court should dismiss it, having regard to the late stage the case had reached. The court agreed with the defendants and dismissed the plaintiffs’ claim.

The plaintiffs did not appeal until the time allowed for appealing had expired. They applied to the Imo State Customary Court of Appeal for extension of time within which to appeal and an order deemi…