DANIEL BEECROFT V. MR. F. B. ABIOLA CUDJOE & ORS.

NZEAKO, J.C.A. (Delivering the Leading Judgment): On the 22nd of May, 2000, Naron J, sitting at the High Court of Justice Jos Division, Plateau State of Nigeria delivered a judgment in Suit PLD/J/68/96. In the suit, the respondents herein were the plaintiffs. They claimed against the defendants who are the appellants in this appeal, the following reliefs set out in paragraph 13 of their amended statement of claim:-

"WHEREFORE plaintiffs claim process (sic) that the court distribute and or partition the properties No. 19, 20 and 21c Church Street Jos and No. 69/16 Massallachin Jumma'a Street, Jos, No. 70/7 Sarkin Arab Street, Jos, and other material by the honourable court (sic). Also for an account rents (sic) over the property received (sic)."

Parties to the suit had filed and exchanged pleadings. At the trial, there was no evidence led. There were however three exhibits tendered from the Bar by Mr. Falade learned counsel for the plaintiffs and admitted in evidence as exhibits 1, 2 a…