ELENDU & ORS
V.
EKWOABA & ORS

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal holden at Port Harcourt (Coram: Katsina-Alu, Edolie and Onalaja, JJ.C.A.) which on the 6th day of December. 1994 upheld the judgment of the High Court of Imo State, Mbano-Etiti Judicial Division holden at Etiti to the effect that the plaintiffs/respondents had proved their case on the balance of probability. The case which was ostensibly not contested on the constitutional rights of freedom of association but rather based on a hybrid of facts involving the customary law as to whether a new village, apart from the seven existing ones known and called Dike-Na-Ofeiyi, had been created after due customary processes by excising same from the old (existing) village constituting an autonomous community of Osu Owerre Community council in Mbano Division of Imo State. The respondents herein, called Ezihe Development Union. Applied for leave of the trial court pursuant to Order IV, High Cour…