AYOBODE LOKULO-SODIPE, J.C.A.: (Delivering the Leading Judgment): This appeal is against the order dismissing suit No.AA/42/89 - Clement Ihebuzoaju Ezeanochie v. Igwe Ignatius O. Ofobuike and Anor., made on 14/2/1990, by Hon' Justice M'N' Ekwerekwu (hereafter simply referred to as "the learned trial Judge") of the High court of Enugu state of Nigeria (hereafter simply referred to as "the lower court").
The above mentioned suit No. AA/42/89 was instituted by the Appellant against the Respondents vide "claim" dated 1/2/1989 and filed on 17/3/1989. Therein, the Appellant claimed declarations in respect of the Ichie of Isieke kindred title, injunction and damages, against the Respondents jointly and severally. On the same date the "claim" was filed, the Appellant filed a motion ex-parte seeking for injunctive reliefs against the Respondents as well as a motion on notice for the same reliefs being sought in the motion ex-parte. The Respondents duly caused appearance to be entered for them …