PATRICK NLEKWA (FOR HIMSELF AND ON BEHALF OF NLEKWA FAMILY UMU-GWEZE UMUAHUM NEKEDE IN OWERRI WEST LOCAL GOVERNMENT AREA) V. ORINDE UROEGBULAM SAMUEL OSUJI ANTHONY OSUJI JUDE OSUJI TONY UROEGBULAM (FOR THEMSELVES AND ON BEHALF OF UROEGBULAM/OSUJI FAMILY OF MUMGWEZE UMUALUM NEKEDE IN OWERRI WEST LOCAL GOVERNMENT AREA) THE CUSTOMARYCOURT OF OWERRI WEST

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Imo State holden at Owerri Judicial Division, which was delivered on 15 December 2003 by P.O. Nnaji, J.

On 20 January 2003, the appellant and his deceased father, GodfreyNlekwa, filed a motion ex parte in the court below seeking the following relief:

That leave be granted to the appellant to apply for an order of certiorari removing the judgment delivered by the 6th respondent on 19 December 2003 in suit No. CC/OW/56/2002 into the High Court for the purposes of the same being quashed.

That the grant of the said leave shall operate as a stay of the execution of the substantive motion or until the judge otherwise orders. The motion ex parte in question was predicated on the following ground:

(a) “Want of jurisdiction in that by the Customary Court (Amendment) Edict, the 6th respondent lacked the jurisdiction to proceed with any further hearing of suit No. CC/OW/56/ 2002 having reg…