Judgment
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellants were plaintiffs at the trial Customary Court (CC) Akwuzu, Anambra State in Suit No.
CCA/2/92: Alexander Umeano & Ors Vs Albert Anaekwe & Anor wherein they sought the following reliefs: (a) Defendant to remove the Iyi-Oji Juju, which was planted by the defendants’ great-great-grandfathers on Obinuno Land of the Plaintiffs. (b) Defendants to release the ownership of Obinuno Land of the Plaintiffs. (c) An order of Court restraining the Defendants, their servants, privies and agents from further trespass into the said land of Obinuno situate at Ifite Village, Akwuzu.
Before the trial commenced, the respondents raised an objection to the participation of the president of the Court in the proceedings on grounds of bias. The objection was overruled and the Court proceeded to hear and determine the case. Judgment was entered in the appellants’ favour in terms of reliefs (b) and (c). Relief (a) was refused. Despite the order restraining them from further trespass on the land, the respondents again trespassed into the land in dispute. The appellants therefore brought contempt proceedings against them before the same Customary Court.
Notwithstanding, the earlier objection seeking the President’s disqualification from the panel, he presided over the contempt proceedings. The application seeking the respondents’ committal for contempt was refused. In the course of ruling on the contempt proceedings, the president made certain orders that materially altered the judgment it had earlier given. In its ruling, the Court held that the respondents were prohibited from entering Iyi-Oji Juju bush to harvest any trees with the exception of the juju priest.
The Court further held that “the applicants (appellants herein) may enter the juju bush, which is on their land to take anything but with the consultation of the juju priest – Court did not give anybody authority to enter and clear the Iyi-Oji bush.” This was clearly an about-turn from the refusal of relief (a) in the original judgment.
Being seriously aggrieved by the decision of the Customary Court, the appellants applied to the High Court of Anambra State, sitting at Otuocha for an order of certiorari to remove into the Court for the purpose of being quashed, the judgment, orders and all subsequent post judgment proceedings in respect of Suit No. CCA/2/92, on the ground of bias and/or real likelihood of bias.
