CHIEF NYENGIEREFAKA JOSHUA OKURU (FOR HIMSELF AND AS REPRESENTING THE UDEKAMA (DEGEMA) TOWN PEOPLE) V. HRM. TAMUNO-OMISIKI EMMANUEL O. OGUBE (FOR HIMSELF AND REPRESENTING KIRIKE TOWN COUNCIL OF CHIEFS), CHIEF SUNDAY AMIESIMAKA KALAOWOLO, CHIEF TAMUNO-IMAMA MICHAEL OKIRIKE (FOR HIMSELF AND REPRESENTING OKIRIKA DIVISION COUNCIL OF CHIEFS), HON. ATTORNEY GENERAL OF RIVERS STATE, RIVERS STATE MINISTRY OF CHIEFTAINCY AFFAIRS, CHIEF P. E. IRUANYENAMA AWOALA, CHIEF A. D. KALAEGELEME, CHIEF G.T. AKABS-ILOKIA (FOR THEMSELVES AND AS REPRESENTATIVES OF KONJU TOWN OKRIKA LOCAL GOVERNMENT AREA OF RIVERS STATE)

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Ruling): The Appellant, not being a party to Suit No. PHC/2654/2017 pending before the Rivers State High Court, Port Harcourt (the lower court), filed an application on 22/01/2019 seeking leave to join the suit as 4th set of Defendants. By a ruling delivered on 24/10/2019, the lower court, presided over by Justice J.N. Akpughunum, dismissed the application for lacking in merit. Aggrieved with the ruling, the Appellant filed an appeal on 19/11/2019. The Notice of Appeal is titled:

IN THE HIGH COURT OF RIVERS STATE OF NIGERIA
IN THE PORT HARCOURT JUDICIAL DIVISION
HOLDEN AT PORT HARCOURT

While the appeal was against the ruling of the lower court delivered on 24/10/2019, the relief sought under paragraph 4 of the Notice of Appeal is for an order allowing the appeal and setting aside the judgment of the lower court delivered on the 4th day of December, 2018.

The 1st Respondent, who was the Claimant at the lower court, challenged the competen…