A. I. KATSINA-ALU, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 4 April, 2001 in which the Court of Appeal 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/12175 brought this action for themselves and on behalf of Uri the Quarters Enwhe Town, for declaration of title to Eto Land, N600.00 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/19175 for declaration of title to Uri land of Uluthe Quarters of Enwe, N 1,200.00 damages for trespass and perpetual injunction. The two suits were consolidated by an order of the trial court made on 12 November, 1976. By the said order of consolidation, the appellants became the plaintiffs while the respondents became defendants.
At the hearing the appellants called…