Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria
Between
1. PAUL ODIMEGWA
2. REV. AUGUSTINE ODIMEGWA
3. ANAYO ODIMEGWA
4. MR. IKECHUKWU ODIMEGWA
5. CHINEDU ODIMEGWA Appellant(s)
AND
1. DANIEL IBEZIM
2. HENRY EZUMBA
3. PETER UCHUAKA
4. MR. JONAH IKEDINMA
[Suing for themselves and on behalf of members of Umudim Ogbujiasili kindred of Ezeannaja-Amada village, Oraukwu] Respondent(s)
…………………….A…………………….
AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Parties, who are Members of the same “Umudim Ogbujiasili Kindred of Ezeannaja-Amada Village, Oraukwu were fighting over a piece of land known as and called “Obi-be-Dim Ogbujiasili’: The Respondents, for themselves and on behalf of Members of the “Kindred, as a body, sued their “cousins and descendants of a common ancestor” [Appellants] at the Anambra State High Court.
The Appellants, as Defendants at the trial Court, did not file a Statement of Defence, rather they raised a Preliminary Objection by way of Motion on Notice wherein they prayed the trial Court for:
An order of [the] Court dismissing the above case on the ground of incompetence and non-disclosure of a reasonable cause of action.
They argued at the trial Court that since the Respondents brought the Suit representing both Parties, there are no Parties because “a Plaintiff cannot sue himself; and that for it to have jurisdiction, “there must be a dispute between persons of different interest but the quarrel is between the same person and the [trial] Court cannot intervene where someone is quarreling with himself.”
