JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Delta State High Court of Justice, Warri Judicial Division in Suit No. W/12/1994 SAMUEL KAGBARE GORY AND 2 OTHERS (For themselves and on behalf of the Francis Awani Gory family of Warri) V. DAVID M. OGODO delivered on 25th day of February 2013 wherein Judgment was given in favour of the Plaintiffs now Respondents and against the Defendant now Appellant. Briefly, the facts of the case are that the Respondents who were the Plaintiffs at the lower Court commenced this suit vide a Writ of Summons dated 25/1/94 and claimed as per paragraph 35 of the 4th Amended Statement of Claim filed on 21/3/2011 as follows: -
(1) A declaration that the purported assignment to the defendant by late Andrew Owen Gory of Francis Awani Gory family property lying and situate and being at No. 5, Okere Road, Warri within the jurisdiction of this Court dated 26th June 1990 and registered as No. 10 page 10 in V…