S. O. UWAIFO, JSC (Delivering the Leading Judgment): When the Court of Appeal, Enugu Division, heard the appeal from the judgment of Ononiba, J., sitting at the High Court of Anambra State holden at Nnewi, the issues essentially canvassed had been narrowed down to those of law. They were two, which the appellant stated thus:
A. Was the jurisdiction of the Court to hear and determine Suit No. HN/67/88 properly ignited when it essayed to hear and determine the matter without the plaintiffs complying with pre-action notice prescribed under Section 11(2) of State Proceedings Law, Cap. 131, Vol. 4 Laws of Anambra State.
B. Had the Nnewi High Court or any Court the jurisdiction to inquire into the act of recognition of the 4th defendant/appellant by the Military Governor of Anambra State and set the same aside as void. vide Decree No. 13 of 1984 or Cap. 137, Laws of Nigeria, 1990?
In the leading judgment of the court below by Salami, JCA., concurred in by Tobi, JCA., from which Akpabio, JCA…