U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal was heard on 26th May, 1997. During the oral arguments in elaboration of the briefs already filed, the attention of the two learned counsel, Mr. Ani and Mr. Agbata, was drawn to the piece of evidence in which the two defendants, who are respondents in this appeal, and DW2, testified to the fact that the plaintiffs, who are appellants here, once pleaded with the defendants either to be given an access way in the respondent's land or be allowed to purchase the land in dispute from them (respondents). Both approaches were turned down by the respondents. This vital evidence had not been challenged by the appellants and the learned trial judge did not consider these testimonies or made any finding in respect of them in his judgment.
Both counsel agreed that there was, by implication, an admission and that since the learned trial judge did not make any finding in respect of that evidence, the lower court was in error, after …