VINCENT UGO, ANTHONY NWANZE & ANTHONY OKOLIE (FOR THEMSELVES AND ON BEHALF OF MEMBERS OF UNUOGBOR FAMILY, ODAFE-ISIUZOR, IBUSA) V. DIOKPA MAHA, STEPHEN NWABUOKU, MICHAEL NWABUOKU & LOUIS ODITA (FOR THEMSELVES AND ON BEHALF OF MEMBERS OF UMUOBI FAMILY, ODAFE-ISIUZOR, IBUSA)

OBANDE FESTUS OGBUINYA, J.S.C. (Delivering the Lead Judgment): This appeal quarrels with the rightness of the decision of the Court of Appeal, Benin Division (hereunder labelled as "the lower Court"), coram judice: J. O. Bada, I. M. M. Saulawa and P. M. Ekpe, JJCA, in Appeal No. CA/B/246/2013, delivered on the 10th November, 2015. In its judgment, the lower Court struck out the appellants' appeal against the decision of the High Court of Delta State (the trial Court), in Suit No. AKU/52/2011, delivered on the 17th January, 2013, wherein H. O. Akpotohwo, J. struck out the appellants' suit.

The resume of the material facts of the case, which transfigured into this appeal, are disobedient to verbosity and complexity. By a writ of summons, filed on the 21st October, 2011, the appellants sued, in a representative capacity, the respondents, in a representative capacity too, over a parcel of land known and called Ani-Ugwude Ogbor situate at Umogbor, Odafe Isiuzo Ibusa, Delta State before the…