MR. GODWIN EZIUKWU NWAIGWE & ANOR V. I.I. AMAECHI ESQ & ORS

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit No. HOB/4/2013, delivered on 24th June, 2013 by Hon. Justice Ori Zik Ikeorha, wherein the learned trial Court refused the application by Appellants to prohibit the Customary Court (manned by the 1st to 3rd Respondents) from further hearing of the 4th Respondents Suit, but rather ordered the Suit to be re-assigned to another Customary Court.

A brief facts of this case at the Court below shows that the 4th Respondent had sued the Appellants at the Customary Court for the administration of their fathers estate and for account. He also filed a motion for interlocutory injunction to restrain the Appellants from decimating the res, which was adjourned to 12/3/13 for hearing.

Appellants did not want the Customary Court (by 1st to 3rd Respondents) to hear the case, and so filed an ex-parte motion in the High Court, in Suit No. HOB/4/2013, which was granted, for lea…