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BELGORE, J.S.C. (Delivering the Leading Judgment): I dismissed this appeal on 30th April, 1990 and reserved the reasons for the judgment to today. I now give the reasons.
There was a suit dated 28th day of April, 1958 filed at Onitsha in the High Court of the former Eastern Region of Nigeria. It was given a writ of summons number 0/71/58. The action was in a representative capacity with both parties representing their respective communities of Ogidi and Egbunike. The sum of 33,36d. was paid with the application for the writ of summons and a revenue collector's receipt was issued to the plaintiff. On 6th October, 1958, Obianwuna Ogbuanyinya (deceased, who is on the papers before us the 1st appellant) appeared in obedience, no doubt, to a writ of summons served on him and asked for pleadings which were ordered. On 8th February, 1965, on application by the plaintiffs, 2nd and 3rd plaintiffs were added to the suit. On 9th February, 1960, barely two years after the suit was filed, the 2nd…