ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Abia State High Court in Suit No. HOS/18/2005, delivered on 13th September, 2010, by Hon. Justice I. N. Akomas, who struck out the suit of the claimant for being incompetent, saying the Court had no jurisdiction to entertain it.
At the lower Court, the claimant, Chief Ude Ukoha Akanu (now deceased) had sought the following reliefs, as per the writ of summons filed on 17/2/2005:
1. A declaration that by virtue of a certificate of occupancy dated 23rd June 1993 and registered as No. 4 at page 4 in volume 9 of the Lands Registry in the Office of Umuahia, the plaintiff is entitled to the use, occupation and benefit for commercial purpose of the land shown in Plan No. TOB/AB.528A/92, attached to the said certificate of occupancy which said land is traditionally called ALAOJI OKPORONKPA and situate at Umuechem Village Ariaria.
2. Perpetual injunction restraining the Defendant, or any of th…