TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): The Respondents/Applicants who were plaintiffs in Suit No. S/67/76 at the then Bendel State High Court of Justice Holden at Sapele had claimed some declaratory reliefs and compensatory damages against the Appellant/Respondent along with two others in respect of a parcel of land situate at A.T and P area in Sapele. The action was hotly contested and at the end, judgment was entered in favour of the respondents/applicants. The appellant/respondent herein, who was the 1st defendant at the court below, was not being satisfied with the aforesaid judgment, appealed to this court, against it. The other two defendants, that is, Okpe Communal Lands Trustees and the Attorney General and Commissioner for Justice, Delta State respectively, did not appeal against the aforesaid judgment.
On the 22nd September, 2003 and at the instance of the respondents/applicants,the appellant's notice and grounds of appeal was struck out by this court, …