AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 14/7/2005 by the High court of Delta state (hereafter simply referred to as "the lower court") presided over by the Hon. Justice T. O. Diai (hereafter simply referred to as "the learned trial Judge") dismissing the case of the Appellants as Plaintiffs before the lower court.
The case was tried on pleadings filed and exchanged by the parties with the latest of the pleadings of the Appellants being their Amended statement of claim endorsed on the writ of summons dated 6/10/2003 and Amended Reply to the statement of Defence dated 5/3/2002; while the last of the Respondents, pleading were their Joint 2nd Amended statement of Defence of the 2nd-5th and 7th - 9th Defendants dated 19/1/2004 (shown on its face to have been filed for the 1st - 5th and 7th - 9th Defendants) and the Amended Rejoinder to Reply to the statement of Defence dated 31/7/2004.
The case of the Appell…