IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Benue State, Holden at Makurdi and delivered per His Lordship, Hon. Justice M. A. IKPAMBESE on the 28th day of June, 2018, whereof the Plaintiff/Respondent was awarded the sum of Thirteen Million, Six Hundred and Seventy Thousand Naira (N13,670,000.00) only as special damages.
Dissatisfied with the Judgment, the Appellant invoked the jurisdiction of this Court by filing a Notice of Appeal predicated on Eight (8) Grounds hereunder reproduced without their respective particulars:
“GROUNDS OF APPEAL
The learned Trial Judge erred in law when he held that the Plaintiff had capacity to institute this case as he did when the Plaintiff were not members of the same family and have their different houses and it is competent and this has occasioned substantial miscarriage of justice.
The learned Trial Judge misdirected himself in law when he held thus: