CHIEF PAUL OTUYAH & 2 ORS V. CHIEF VINCENT OLIE & 3 ORS

HARUNA SIMON TSAMMANI, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Court of Appeal sitting at the Benin Division delivered on the 23rd day of February 2007.

By a Writ of Summons and Statement of Claim filed on the 26th day of January, 1988, the Appellants who were the Plaintiffs, sought the following reliefs:

1. A Declaration that the 1st to 3rd Defendants consistently violate the fundamental terms of the consent Judgment in the Consolidated Suits Nos. UHC/43/71, UHC/50/71 and UHC/70/71.

2. A Declaration that 1st to 3rd Defendants while consistently obtaining benefits under the said Consent Judgment in Consolidated Suits No. UHC/43/71, UHC/50/71 and UHC/70/71, have refused, declined and/or neglected to perform their legal obligations to plaintiffs in relation to the burdens therein contained.

3. A declaration that the 1st to 3rd Defendants did not ever intend to perform their obligations to Plaintiffs under the said Consent Judgment in Suit Nos. UHC/43/71, UH…