UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This appeal raises a short but important point of practice and procedure. The appeal is against the judgment of Rhodes-Vivour, J. as he then was, in suit No. S/1/66 in the High Court of the Mid-Western State, Sapele, in which the claim by the plaintiffs, now appellants, was dismissed with 84pounds costs in favour of the defendants, now respondents.
Albert Ilona and George Ugboma for themselves and as representing Ugboma Obia family of Abalagada village, Aboh Division, instituted proceedings against Ojugbeli Dei and Mgbeku Olise for themselves and on behalf of Olise family of Odigili village, Aboh Division. The claim was for a declaration of title to certain fishing ponds "together with the piece or parcel of land known as AGWITI" 20pounds damages for trespass and an injunction.
Pleadings were ordered and duly filed and delivered. On 1st December, 1966, the case came up for hearing. A preliminary objection that the action was not pr…