T. O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal and cross-appeal lodged against the judgment of Rivers State High Court presided over by Hon. Justice T.S. Oji which was delivered on 19/5/2008. The appellants who were the defendants at the court of trial appealed against the judgment by a Notice of Appeal dated 21/7/2008 which was subsequently, amended by order of court.
The cross-appellants also cross-appealed vide the Notice of Appeal filed on 18/8/2008.
Parties exchanged brief of argument. Before going into the briefs I wish to point at that the appellants in this case as listed out in the appellants notice of appeal who are supposed to be defendants in the lower court are different from the defendants in the lower court for the following reasons.
(1) The defendants in the lower court as per the record of appeal are:
(i) Chief Elliot T. Gudi (JP)
(ii) Lycious Amnina Owuka
(iii) Adolphous Elijah
(iv) John Batubo
(v) Johnson Gudi…