EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This appeal was heard only on the Appellant's amended brief of argument dated 16th September, 2008 and filed on 18th September, 2008 which was deemed filed and served pursuant to the order made on 15th September, 2008. The amendment of the appellant's brief of argument became necessary when the deceased 3rd Respondent was struck off the processes of this appeal on 15th September, 2008 on the application of the appellants. The amended appellants' brief was on 27th October, 2008 served on the 1st and 2nd Respondents. The appellant's application dated 3rd December, 2008 and filed on 18th December, 2008 for the appeal to be argued or heard only on the appellants' amended brief was on 21st January 2009 granted and the appeal was on 27th May, 2009 heard only on the appellants' amended brief.
The appellant were the applicants at High Court of Rivers State for judicial review of two decisions/judgments of the Customary Court, Opobo (1st Re…