T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal against the ruling of Agbakoba, J., in Suit No. 0/5/1972 given in the Onitsha High Court on June 6, 1973, and in which the learned trial Judge upheld a preliminary objection raised by the counsel for the defendants regarding the competence of the court to hear and determine the claim as laid. In the action, the plaintiff claims against the defendants, a man and a woman, jointly and severally:-
(1) An order of the court compelling the defendants to return to the plaintiff the plaintiff's children, namely, Regina Ukamaka Odive, Benedette Ebelechukwu Odive, John Muoto Odive and Sussanna Chikodili Odive.
(2) 900pounds damages for the loss of the services of the aforesaid four children as specified hereunder:
(i) 400pounds for the loss of the services of Regina Ukamaka Odive.
(ii) 200pounds for the loss of the services of Benedette Ebelechukwu Odive.
(iii) 200pounds for the loss of the services of John Muoto Odive.
(i…