PETER OLABISI IGE, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of Imo State High Court contained in the Ruling of Honourable Justice NONYE OKORONKWO now JCA, delivered on 30th day of June, 2009 by which he set aside the Order of Certiorari made by the same Imo State High Court CORAM CHIOMA NWOSU IHEME J. now JCA.
The Order of Certiorari aforesaid was made by HON. JUSTICE CHIOMA NWOSU IHEME in Suit No. HOW/66M/2001. The Order reads:
BETWEEN:
THE STATE
EX PARTE
CHIEF ODOHA IHIA ==== APPLICANT
FIDELIS ELUMA
AND
THE CUSTOMARY COURT, OWERRI URBAN RESPONDENT
ORDER OF COURT
Upon reading through the Motion on Notice for certiorari filed on 29/10/02 and the supporting affidavit sworn to by Chief Odioha Ihia, the 1st Applicant and after hearing J. C. Uwazuruonye of Counsel for the Applicant and whereas the Respondent neglected to appear in Court or file any Counter Affidavit though it was duely served.
THE COURT ORDERED AS FOLLOWS:
(1) That the ruling of the President of t…