MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): This appeal arises from the Ruling of the Rivers State High Court, (herein referred to as the lower court) sitting at Port Harcourt Judicial Division, delivered on 9/4/2009 in a certiorari application made before it by the applicant (herein referred to as "the 1st respondent") who was the plaintiff in the Ahoada Customary Court, the 2nd respondent. In the Ruling, the lower court uphold the jurisdiction of the 2nd respondent in suit No. ACC/56/2007 between the 1st respondent and the appellant.
Before the 2nd respondent as the trial court, the 1st respondent instituted the said suit No. ACC/56/2007 against the appellant claiming as follows:
1. An order of interim injunction restraining the respondent by himself, his servants, agents, assigns and privies from further act of trespass and or laying claim to the one room he forcefully entered. The said one room is lying and situate at No. 65, Omoku Road, Ahoada Town in Ahoada…