ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Imo State High Court in Suit No. HME/1/98, delivered on 4/6/98 by Hon. Justice Ngozi Opara, whereof the Plaintiffs Application was dismissed with N1000.00 cost, for want of jurisdiction.
At the trial Court, the Plaintiff (now Appellant) by originating summons, sought answer to the following questions:
(a) Whether the Order of Hon. Justice I.C.K. Pats Acholonu (as he then was) made on 22nd March, 1990 in Suit No. HME/37/83 between the parties in the following words the case is hereby dismissed on the grounds that the action is misconceived and there is no lis inter parties awarded any res to the Defendants or created any status between the two sides, and if so what the res or status was.
(b) If the answer to (a) above is in the negative, whether this honorable Court would not be right to restrain the Defendants jointly or severally, from in anyway behaving towards the Plaintiff or the who…