RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the interlocutory ruling of Hon Justice I. S Amanoh, sitting at Nsukka in the Enugu State High Court in suit No N/43/2009, delivered on the 1st day of June 2010.
In the Ruling, the learned trial Judge overruled the Preliminary objection filed and argued by the Appellants.
SYNOPSIS OF FACTS
The Appellants had filed suit No N/9/2009 for and on behalf of themselves and Ukpabi Nimbo people against the Respondents in respect of the Ukpabi Nimbo Communal parcels of land situate at different locations, for declaration, injunction etc. They also sought damages.
The Respondents filed a counter claim, also in a representative capacity for declaration, order of perpetual injunction, damages for trespass.
While the counter-claim was pending in the High Court 1 Nsukka in a representative capacity against Everistus Ike Akor and Thomas Dieke for themselves and on behalf of Ukpabi Nmibo people, except the Respondent, …