HARUNA SIMON TSAMMANI, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the Imo State Customary Court of Appeal sitting at Owerri delivered on the 30th day of September, 2009.
The Appellants herein, were the Defendants before the Customary Court, Eziama in Ikeduru Local Government Area, while the Respondents herein where by order of the said trial Customary Court, the Plaintiffs. The parties had filed separate suits before the trial Customary Court in respect of the subject matter of the action.
The Respondents' action before the trial customary court which was dated the 14/05/2001 had Suit No. CC/EZ/IK/23/2001, while the Appellants' action which was dated the 2nd day of November, 2002 and filed the 19/12/2002 had Suit No. CC/EZ/IK/51/2002.
The Respondents' claim before the trial Customary Court was therefore earlier in time. By the said action, the Respondents claimed as follows:
"The Plaintiffs claim against the Defendants as follows:
(1) A declaratio…