OGEBE, J.C.A (Delivering the Leading Judgment): The 1st respondent, Chief Chuks Muoma, by a motion on notice to the Obioma Ngwa Customary Court holding at Anuzu-Ohanze and the members thereof applied to the High Court, Aba for an order of certiorari removing the proceedings in charge No. OBLG/CC/OSD/496/87: Obioma Ngwa Local Government Area v. Barrister Chuks Muoma
to the High Court for the purpose of quashing the summons and the charge therein.
The Local Government which took the charge to the Customary Court was not made a party and was therefore not notified of the proceedings in the High Court. When the Local Government got wind of it, it brought an application to the High Court on the 12'h of June, 1989 to be joined as a party. The application is reproduced hereunder:
" IN THE HIGH COURT OF IMO STATE OF NIGERIA
IN THE ABA JUDICIAL DIVISION
HOLDEN AT ABA
SUIT NO A/M./197/88
IN THE MATTER OF AN APPLICATION BY CHIEF CHUKS MUOMA FOR LEAVE TO APPLY FOR AN ORDER OF CERTIORARI
AND
IN THE MATTER …