PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This Interlocutory Appeal emanated from the Ruling of Hon. Justice A.O.H. Ukachukwu of the High Court of Imo State Holden at Owerri, in Suit No. HOW/234/2006 delivered on 15th February, 2009 dismissing the Preliminary Objection challenging the jurisdiction of the Honourable Court.
Being dissatisfied with the said Ruling, the 1st Defendant/Appellant filed a Notice of Appeal dated and filed on 16th February, 2009.
BRIEF FACTS OF THE CASE:
Both Appellant HRH Eze G.A. Akwagbulam and 1st Respondent, Samuel Mbalisi are natives of Umuche Amaise Amaukwu Obollo Autonomus Community in Isiala Mbano Local Government Area, Imo State. Sometime in 2001 the Amaukwu Obollo community decided to become autonomous from the Obollo Autonomous Community. In consequence of this, the Community applied to the Imo State Government for an autonomous status. At this time, the said Mbalisi, the Respondent was the Supreme President General of the Commun…