HELEN MORONKEJI OGUNWUMIJU, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State Mbaitoli/Ikeduru Judicial Division sitting at Ilo, Ikeduru, presided over by His Lordship, Hon. Justice Ngozi Opara J, delivered on 1/12/08. The Plaintiffs now Appellants' suit was struck out for lack of jurisdiction. The facts that led to this appeal are as follows:
Appellants' forebears filed suit No.HOW/148/71 against the forebears of the Respondents, who in turn counter claimed in suit No.HOW/91/73 at the High Court of Imo State presided over by His Lordship Hon. Justice E.O. Ogwuegbu J. (as he then was). Both suits were consolidated. The subject matter of both suits was a large area of land which the Appellants called Ala Okohia or Eluema land of Umuduru Umuomi while the Defendants now Respondents called it Okohia Umuonyiri or Uhu-Umuonyiri. Both parties filed their respective dispute survey plans of the land or area they claimed. The consoli…