AJALI & ANOR
V.
OKURI-EZE & ORS

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 13th July 2006, the appellants herein as plaintiffs commenced a civil suit No CC/KZ/8/2006 in the Customary Court of Akaeze in Ebonyi State against the 1st set of respondents herein as defendants. On the 29th of November 2006, the 1st defendant wrote to the President of Ebonyi State Customary Court of Appeal at Abakaliki applying for the transfer of the said suit No CC/KZ/8/2006 from Akaeze Customary Court to any other Customary Court for hearing because the defendants feared or suspected that one of the members of the Court, Mr Moses O. Chukwu was likely to be biased against them and might influence other members of the Court to become equally biased against them. On the 30th November 2006 when the case came up for hearing, the defendants through their Counsel drew the attention of the Customary Court to the letter. The Customary court considered the letter and ruled that it will continued hearing the case until …