UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Delta State sitting at Bomadi in Suit No. HCB/13/2004, delivered on 27th September, 2007 wherein the case of the Plaintiffs/Appellants was dismissed. The judgment of the lower court is at pages 163 - 165 of the Main Record of Appeal, and also at pages 5 - 7 of the Additional Records of Appeal, which was deemed 25 properly filed and served on 2nd November, 2012. The Notice of Appeal against the aforesaid decision of the lower court is at pages 166 - 167 of the Main Record of Appeal.
PREFATORY
The facts leading on to this appeal in so far as can be deciphered from the Records of Appeal are fairly simple and straightforward. They are not convoluted in any manner whatsoever. For a full appreciation of the issue arising in this appeal it will be apposite to give a detailed background of the facts leading on to this appeal. Apropos of the foregoing, the Appellants …