MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is yet another of the recurring litigation over chieftaincy dispute in Anambra State in the South-Eastern part of this Country.
This appeal originated from the dispute as to the person entitled to occupy, after the incumbent Isi-obi, the stool of Isi-Obi of Nsunano/Ezekwuabo village in Otolo Quarters, in Nnewi town, Nnewi North Local Government Area of Anambra State.
On the 28th December 1995, the plaintiff (herein referred to as 'the appellant') issued a writ of summon against the defendant (herein referred to as 'the respondent') in the Anambra State High Court (herein referred to as 'the trial Court) sitting in Nnewi Judicial Division, claiming Declaratory reliefs and Injunctions against the eligibility of the respondent's family to the office of Isi-Obi of Ezekwuabo.
Pleadings were ordered. The appellant filed his statement of claim which was later amended with the leave of the trial Court. The respondent also fi…