ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Abia State sitting at Ohafia and presided over by I. F. Ogbuagu J (as he then was) delivered on 15 May 2001, in which the learned trial Judge granted an order of certiorari quashing the judgment of the Customary Court, Ohafia in suit No. CC/OH/44/93. The appellants were the respondents at the court below whilst the respondents herein were the applicants. Initially, the applicants filed an application, ex parte seeking leave to apply for an order of certiorari to remove the judgment of the Customary Court, Ohafia in suit No. CC/OH/ 44/93 (1) Chief Okam Eke (2) Chief Bianko Akuma (suing for themselves and as representing Ndi Owom Paternal Family, Okun Aku Ohafia) and (1 ) Ukoha Mba (2) Bassey Nnanna (for themselves and as representing the Family of Okun Aku, Ohafia) delivered on 5April 1994 for the purpose of being quashed.
The ex parte application was accompanied with a ve…