MUHAMMAD JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory decision of the Imo State High Court Coram Oyudi J. sitting at Orlu, in suit No. HOR/114/92.
The appellant herein commenced suit No. HOR/107/92 against Nze F. I. Dukes and Nze B. Uche Okpara the respective President and Secretary of Isiokpo Town Union for themselves and other members of the union seeking some declaratory and injunctive reliefs regarding the Isiokpo Autonomous Community chieftaincy institution. On 30/9/92, the appellant applied for and obtained an ex parte interim injunctive order restraining the defendants therein by themselves, agents, etc. from installing, appointing, selecting or in any manner electing any person as the Eze-elect of his community to succeed his late brother until the motion on notice for interlocutory injunction was heard and determined. Before the ex parte order was served on the defendants in suit No. HOR/107/92, they selected the respondent herein, defe…