CHIEF WALTER O. MERE EZE EMMANUEL NJEMANZE V. CHIEF EMMANUEL O.A.U. OBI (FOR HIMSELF AND ON BEHALF OF UMUOBI FAMILY ONURI UNUONYECHE VILLAGE, OWERRI)

GARBA JCA (Delivering the Lead Judgment): The respondent herein, had taken out a writ of summons, for himself and on the behalf of Umuobi family, Onuri Umuonyeche village, Owerri, against the appellants herein, in the High Court of Imo State, Owerri. The endorsement on the said writ contained inter alia , the following claims: “(1) Declaration that only plaintiff’s family is entitled to the traditional headship of Umuonyeche village, Owerri according to the custom of Umuonyeche village, Owerri. Declaration that the Plaintiff is the rightful traditional head of Umuonyeche village having been so chosen.

A declaration that only the ‘Oha Owerre’ is entitled to declare the village head of Umuonyeche village and not the traditional ruler of Owerri.”

After the filing and exchange of pleadings by learned counsel for the parties, the learned counsel for the appellants filed a motion on notice in that court seeking reliefs as follows: “(a) Dismissing this suit for want of jurisdiction since t…