ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal, challenging the decision of the Imo State High Court in Suit No. HOW/695/2013, delivered on 8/12/2014 by Hon. Justice N.B. Ukoha, whereof the learned trial Court dismissed the challenge to its jurisdiction, for being premature and incompetent.
At the Lower Court, the Claimants (now 1st to 4th Respondents) had sought the following reliefs, against the 2nd set of Respondents (5th to 7th Respondents) and the Appellant, as follows:
(1) A declaration that by the native law and custom of the people of Umunwama Autonomous Community and the constitution guiding Ezeship stool in Umunwama Autonomous Community, Izombe, Oguta L.G.A. of Imo State, succession to the post of Eze/Traditional Ruler of Umunwama Autonomous Community, Izombe is to be non-hereditary rather rotatary among the six (6) chiefdoms that constitute Umunwama Autonomous Community.
(2) A declaration that the 1st Claimant at all material times …