HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of L.C. Alinnor, C. J. of the Imo State High Court sitting at Owerri in Suit No: HOW/33/93, delivered on the 12th day of March, 2001.
The 5th Respondent as Plaintiff in the lower court took out a writ of summons seeking inter alia, declaration that he was the person validly identified, selected, appointed, installed and presented as the Traditional Ruler or Eze of Obidiezena Autonomous Community in Ngor Mkpala Local Government Area of Imo State. He also sought for an order of court setting aside the recognition of the Appellant, who was the 6th Defendant at the trial court, by the 4th Respondent as the Eze of the said community.
At the trial, pleadings were ordered, filed and exchanged. However, in the course of trial, the parties amended their pleadings several times. The case was finally determined on the plaintiff/5th Respondent's 3rd Amended statement of claim which was filed at th…