ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Imo State High Court in Suit No. HMI/18/2007, delivered on 13/7/2011, by Hon. Justice Ngozi Opara, wherein the learned trial Court dismissed the entire Suit, following an application by the 1st Defendant for the Suit to be dismissed, for being incompetent and an abuse of the Court process.
At the Lower Court, the Claimants (now Appellants) were in the Suit, seeking:
(1) A declaration that 1st Defendant was not identified, selected and appointed the Eze-elect or Traditional Ruler of Abazu Autonomous Community of Imo State as provided by the Customary Laws, practices, norms and Ezeship and Chieftaincy Constitution regulating the processes of identification, selection, appointment and installation of the Eze (Traditional Ruler) of Abazu Autonomous Community.
(2) A declaration that 1st Defendant is not qualified in accordance with the Traditional Rulers and Autonomous Communities and Allied Mat…