JEREMIAH IKPEOWOR ELIJAH ELEVOCHI AZUBUIKE ONYEIJE V. NWOKORO SUNDAY IKOJUNGA

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): In this case, the applicants have filed a motion seeking the leave of the court for extension of time to appeal against the rulin g of the Ho n. Ju stice N.N. MBA (President) of Abia State Customary Court of Appeal, in which he nullified the judgment of a Customary Court in a proceeding by a motion before him to have the case transferred. The application has attached to the affidavit in support, the proposed grounds of appeal. The lst ground of appeal complained of the court granting leave not sought; that the Customary Court of Appeal held a judgment of the Customary Court a nullity in an interlocutory application without giving the parties opportunity of canvassing it, and that MBA, J., sat alone and constituted himself into Court contrary to section 52(4) of the Customary Court Law No. 7 of Imo State, as applicable in Abia State.

The respondent filed a notice of preliminary objection to the motion and referred to the grounds of ap…