These two interlocutory appeals raise the fundamental but sometimes troubling issue of locus standi. It is what has been described to be among the most amorphous in the entire domain of public law see Constitutional Law (Handbook Series) by Nowak, Rotunda and Young, 1980 edition, page 68. Each appeal is brought by each of two sets of defendants in an action pending at the Nnewi High Court. The said appeals are from a ruling of Olike, .J. given on 23 September, 1987. The learned judge therein declined to strike out the plaintiff’s claim upon an application by the 1st set of defendants (supported by the 2nd set of defendants) urging him to do so on the grounds that the plaintiff lacked locus standi. I shall hereafter refer to the 1st set of defendants, which embraces 1st to 6th defendants, as the 1st appellants, the 2nd set of defendants, which embraces 7th to 10th defendants, as the 2nd appellants, and the plaintiff as the respondent.

Ezinifite is the composite name of a group of three villages, namely: Ifite, Awo (pronounced Awor) and Umudiana. There had been an issue as to the order of seniority between Ifite and Awo. Ifite claims to be the most senior of the three villages while Awo similarly makes that claim. Umudiana appears to accept the third position in any event. The seniority issue between Ifite and Awo does seem to the respondent to be important, as I shall show later, in the circumstances as alleged by him of his assents to the position of Igwe Ozuome, Obi of Ezinifite which is the title stated in the claim he filed on 22nd September, 1986.

The claim was originally against the 1st appellants. But on the application of the 2nd appellants they were joined by court order made on 27 January, 1987 as co-defendants. The respondent filed his statement of claim on 24 February, 1987. The 2nd appellants filed their statement of defence on 12 March, 1987 while the 1st appellants filed theirs on 9 April, 1987. On 12 May, 1987, the 1st appellants filed a motion seeking an order striking out or dismissing the suit for reason that the respondent lacked the locus standi to institute the same.

The learned trial judge Olike, J in a ruling given on 23rd September, 1987 refused the application hence the present appeal by the appellants.