DATTIJO MUHAMMAD JCA (Delivering the Lead Judgment):
This is an appeal against the judgment of the Rivers State High Court coram Odili J (as she then was) dated 4/2/99 wherein the plaintiffs’ A claim in suit No. PHC/684/92 was dismissed.
In the same judgment, the court also dismissed the defendants’ counter-claim having found it as lacking in merit.
Both parties are dissatisfied with the judgment of the court, hereinafter to be referred to as simply the lower court. The plaintiffs, now appellants, have appealed on a notice containing three grounds.
The cross-appeal lodged by the defendants is predicated on a notice made up of two grounds.
The pla int iffs/ appellants’ c laim aga inst the defe nda nt s/ respondents jointly and severally is per paragraph 18 of their statement of claim thus:- “18. Wherefore the plaintiffs claim against the defendants jointly and severally,
That the property known as and called ‘Uzo- Mgbakiri’ (consisting of houses built for thepurpose of a matern…