ITA GEORGE MBABA, J.C.A. (Delivering the leading Judgment): This appeal is against the judgment of Imo State High Court in Suit NO. HAM/25/2006, delivered by Hon. Justice Goddy I. Anunihu on 31/7/2007, whereof the trial judge struck out the fundamental rights application by the Appellant, saying the Suit could not be effectively and effectually adjudicated under Fundamental Rights Enforcement Procedure, Rules; that the Suit was based on trespass to land and remedy lied in the ordinary writ of summons.
At the lower Court, Appellants (two brothers) had sought the following reliefs, via fundamental rights enforcement procedure rules:
(1) "??A declaration that the compulsory and forceful acquisition and confiscation of the Applicants land known as and called ??Ala Azuio Mugin situtate at Umunama, Ezinihite Local Government, Imo State, Nigeria, and the gift or assignment of the personal need and purpose by the 2nd and 3rd Respondents on 5/12/05 is unconstitutional and unlawful.
(2) A dec…