T. O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is the judgment in respect of appeal against the judgment of High Court Rivers State sitting at Isiokpo delivered on 26/10/2005. At the trial court suit No. AHC/22/82 and suit No. IHC/56/90 were consolidated by order of court. The plaintiffs in suit No AHC/22/82 were made the plaintiffs in the consolidated suit and the defendants now the appellants became the defendant. The plaintiffs in the consolidated suit AHC/22/82 and IHC/56/90 were (1) EMMANUEL ASSOR and (2) DAVID OMAH (for themselves and as representatives of OBITI family in Umudioga Town in Ikwerre district of the Rivers State of Nigeria). See the judgment on page 41 of Record of Appeal.
Pleadings were exchanged, hearing commenced and judgment was later given in favour of the plaintiff on 26/10/2005.
The defendants being aggrieved by the judgment of the trial filed a Notice of Appeal making EMMANUEL ASSOR AND FESTUS EYIDIA the respondents. The appellants also listed…