SIR CHARLES O. NWAIWU & ORS V. GOVERNOR OF IMO STATE & ORS
(2013) JELR 35817 (CA)
Court of Appeal
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CA/PH/64/2005
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1 Mar 2013
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Nigeria
Coram
MOJEED ADEKUNLE OWOADE JCA;
HARUNA SIMON TSAMMANI JCA;
TIJJANI ABUBAKAR JCA;
Appearances
O.J Irerhime, Esq. For Appellant
S. A Njoku, Esq. (H.A.G; Imo State) with E.C. Aguta (Mrs); C.A. Sunday Iheme (Miss) and O. A. Ikonne; Esq. for the 1st & 2nd RespondentsE.C. Onumajuru; Esq. (J.R.O Egole; Esq. with him) for the 3rd & 4th Respondents For Respondent
Judgement
<p>HARUNA SIMON TSAMMANI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of I.O. Agugua; J of the Imo State High Court sitting at Etiti delivered on the 22nd day of March, 2004 wherein the Learned trial Judge struck out the Plaintiff/Appellants' statement of claim and consequently, dismissed the Suit in HME/17/2002 as being incompetent.</p><p> The Appellants' claim as Plaintiffs before the lower court as stated in paragraph 35 of the statement of claim (pages 122-123 of the records) are as follows:</p><p> "35. Whereof the Plaintiffs claim against the Defendants jointly and severally as follows:</p><p> 1. A declaration that the members of Umuihi King makers/ Cabinet are entitled to Identify, elect, select, appoint, install, and present the Eze of Umuihi Autonomous Community and/or to put in motion machinery for identification, election, selection, installation and presentation of the Eze of Umuihi Autonomous Community to the third Defendant.</p><p> (b) A declaration that the 1st to 4…</p>