EKPE JCA (Delivering the Lead Judgment): This is an appealagainst the decision of Edo State High Court, Ekpoma delivered on 6 March 2013 wherein ruling was delivered in favour of the defendant/respondent. Dissatisfied with the said ruling, the then plaintiffs, now appellants filed, a notice of appeal on 6 March 2013 and dated 6 March 2013 containing three grounds of appeal to wit: The decision is against the weight of evidence.
The learned trial judge erred in law when he held that he has no jurisdiction to entertain this action. A The learned trial judge erred in law when he held that the claimant action is caught by section 254(c) of the Constitution of the Federal Republic of Nigeria, 1999
(as amended)”.
Facts of the case: The brief facts that culminated into this appeal are as follows: The appellants herein instituted an action at the High Court, Ekpoma claiming the reliefs contained in their statement of claim as follows: “An order setting aside the judgment of this honourable c…