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IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal is a sister case to CA/E/37/2005 emanating from the Judgment of the Honourable Justice C.J. Okoli (C.J.) of the High Court of Anambra State sitting at Ekwulobia, Aguata Judicial Division which Judgment was delivered on the 28th day of July, 2003 in favour of the 1st Set of Respondents who were the Plaintiffs thereat.
It would be recalled that at the High Court aforesaid, the Plaintiffs (now 1st Set of Respondents) took out a Writ of Summons on the 24th day of September 1979 against the 1st Set of Defendants (now Appellants) and in their Amended Statement of Claim dated 23rd day of April, 2002 and filed on the 25th day of April, 2002 by the Order of the Court below made on the 21st day of February, 2002 sought for the following Reliefs in Paragraph 64 thereof as follows:
"WHEREFORE THE PLAINTIFFS CLAIM against the 1st set of Defendants jointly and severally as follows:
(a) A Declaration that the Plaintiffs and 1st …