TERHEME ABE & ANOR V. GABRIEL DAMAWA & ANOR

KUDIRAT M.O. KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Makurdi division delivered on 27/9/05 in favour of the plaintiff (1st respondent herein) against the 2nd defendant (2nd appellant herein) and dismissing the 2nd defendant's counter claim. The appellants being dissatisfied with the decision filed a notice of appeal on 7/12/05 containing four grounds of appeal.

The parties duly filed and exchanged their respective briefs of argument. The appellants' brief settled by M.A. Tsuwa Esq. is dated and filed on 3/12/07. The 1st respondent's brief settled by J.I. Orsal Esq. is dated 10/5/07 and filed on 19/6/07. The 2nd respondent's brief settled by P.M. Ukande Esq. is dated 11/1/2010 and filed on 18/2/2010. It was deemed filed on 24/11/2010. The Appellants also filed a reply brief in respect of both respondents' briefs. It is dated and filed on 3/12/2010.

The appellants formulated 3 issues for determinatio…