FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Anambra State, sitting at Otuocha (hereinafter called; “the Court below”) delivered on the 18th day of December, 2012 Coram: J. I. NWEZE, J wherein the Court below dismissed the claim of the Appellants as completely lacking in merit. By a Writ of Summons dated the 11th day of June, 2010 the Appellants commenced a civil proceeding against the Respondents and in which they sought three (3) reliefs.
The subject matter of the suit being the ownership of a plot of land on which the Appellants were said to have paid the mandatory money for its allocation thereof to them with a firm promise from the 2nd Respondent that he was not interested in the allocation and that the 1st Appellant should pay and take possession and ownership of the land. In proof of their case, the Appellants called four witnesses who testified as PW1-PW4 and tendered Exhibit P1 (Survey Plan No. FC/A…