FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling handed out by Ugwu, C.J., sitting at the High Court of Justice, Enugu on 3rd June, 1999. The trial C.J. set aside the judgment of Oji River Customary Court delivered on 9/11/98 in suit No. ORCC/18/98 and transferred same to Inyi Customary Court. In a similar fashion, the trial C.J. also transferred suit No.ORCC/31/98 which was pending at the Oji River Customary Court to the Inyi Customary Court, Oji River for determination. The above position is manifest in the drawn up order of the trial C.J. contained on pages 34-35 of the transcript record of appeal.
The subject matter of the two suits involves title to the same land in Ugwuoba, Oji River Local Government Area of Enugu State.
In suit No. ORCC/18/98, the Obinagu Ugwuoba Community, through their representatives, initiated an action in April, 1998 at the Customary Court, Oji River for a declaration that the Obinagu Ugwuoba people are entitled to C…