ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment):
This is an appeal against the decision of Abia State High Court in Suit No. A/185/2011, delivered on 3/2/2014 by Hon. Justice C.O. Onyeabo, wherein the learned trial Court upheld the preliminary objection raised by the Defendants and struck out the Plaintiffs Suit for having been commenced in- competently.
Appellant, as plaintiff, had filed the suit claiming, in the writ of summons, as follows:
1) ??An order directing the 1st defendant to allow the claimant to take custody of the two children of the marriage to wit:
1. Chinedu Daniel Okechukwu Nnanna, born on 22nd February, 2008 and
2. Chukwukadibia Stephen Okechukwu Nnanna,born on 28th September, 2009
2) An order setting aside the decision of 20th July 2011 made by the 2nd Defendant directing the claimant to provide for the welfare of the said children while custody of them remains with the 1st Defendant.
3) A perpetual injunction restraining the Defendants, their agents and others,…