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.”
In its Ruling, the trial Court, relying upon Order 3 Rule 1 of the High Court Rules, which says “any person in whom a relief exists may sue as Plaintiff and any person against whom the relief exists, may be sued as Defendant”: held as follows on this Issue –
The Plaintiffs have sued for themselves and on behalf of Umudim- Ogbujiasili Kindred of Ezannaja Amadi Village of Oraukwu, against the named Defendants, who though members of the said Kindred, had gone into the “Obi” as claimed, which from their pleadings, belong to all the members’ family, demolished same and looted the content therein. From the said Pleadings, which is the focal pointing this
