JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 11th December, 2014 in High Court of Enugu State sitting at Aguobu-Owa.
In the High Court (the Court below), the Respondents were the plaintiffs. The Appellants were the defendants.
The claim of the Respondents against the Appellants as contained in their amended statement of claim was for the following:
(a) A declaration that Warrant Chief Udebunu Uzoefune and H.R.H. Igwe C. E. Achu, all of Ezeonyia Village, Aguobu Iwollo having occupied the Stool of the Community in the past, it is now not the turn of Ezeonyia Village aforesaid to present or produce a traditional ruler for Aguobu Iwollo Autonomous Community of Ezeagu Local Government Area.
(b) A declaration that by virtue of the combined effect of Sections 37 and 38 of the Constitution of Aguobu Iwollo Autonomous Community, 2005, Ezeonyia Village is not qualified to present or produce a candidate for the Stool of the Communit…