CHIEF BENSON EZIKE & ORS. V. CHIEF ALPHONSUS EGBUABA

SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State, holden at Orlu Judicial Division on 05/5/98, coram S. N. Nwachukwu, J. The judgment appeal against arose out of two consolidated suits namely: (i) HOR/18/93 and (ii) HOR/59/94, respectively. The first suit was instituted by the appellants, in a representative capacity, against the respondent. The second suit was filed by the respondent, likewise in a representative capacity, against the appellants.

As it would appear from the records of appeal, pleadings were filed and exchanged by the parties in both suits which were thereafter consolidated for trial. It is instructive that in the course of the trial, the respondent obtained the leave of the trial court to amend the statement of claim thereof in suit No. HOR/59/94, in consequence of which the appellants filed the joint amended statement of defence thereof. At the conclusion of the evidence and addresses of counsel…