DANIEL ONWERE V. CHIEF C. NWAZUO & ORS

HARUNA SIMON TSAMMANI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the Ruling of Obisike Oji; J of the Abia State High Court sitting at Osisioma Ngwa Judicial Division, delivered on the 31st day of November, 2000.

The Appellant herein as Applicant before the lower court had filed a Motion on Notice seeking for the leave of the lower court to apply for an order of certiorari to remove into the High court for the purpose of being quashed, the orders in the judgment of the customary court, Ugwunagbo Local Government Area delivered on the 12th day of July, 1999 in Suit No. CC/GW/29/97. When the matter came up for hearing on the 24/3/2000, the learned trial judge, suo motu raised the issue of whether, by virtue of Section 79 of the Customary Courts Edict No. 7 of 1984 as amended by Section 3(d) of Edict No. 6 of 1989 of the Imo State Customary Court Edict, applicable to Abia State, the High Court has the jurisdiction to entertain the application or matter in respec…