KATSINA-ALU JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court ofAppeal, BeninDivision, delivered on 4April 2001in which the Court ofAppeal ordered that the suit be remitted to the Delta State High Court for retrial.
This is a land matter. The appellants as plaintiffs in suit No. UHC/12/ 75 brought this action for themselves and on behalf of Uruthe Quarters,
Enwhe Town, for declaration of title to Eto land and the sum of N600.00 as damages for trespass and an order of perpetual injunction. The respondents herein filed a cross-action as plaintiffs against the appellants in suit No. UHC/19/75 for declaration of title to Uri land of Uruthe quarters of Enwe and the sum of N1,200.00 as damages for trespass and perpetual injunction. The two suits were consolidated by an order of the trial court made on 12th November, 1976. By the said order of consolidation, the appellants became the plaintiffs while the respondents became defendants.
At the hearing, the …