OGBUINYAJCA (Delivering the Lead Judgment): This appeal queries the correctness of the decision of the High Court of Benue State, sitting in Vandelkya (hereinafter referred to as “the lower court”) coram judice , S. J. Ogwiji J., in motion No. VHC/68M/ 2003, delivered on 11 November 2003. The appellant and the respondents were the respective respondents and applicant beforethe lower court.
The facts of the case, which gave birth to the appeal, are submissive to brevity and easy appreciation. The appellant, in suit No. CV.6/91, obtained a consent judgment against the respondents , in the Upper Area Court (the trial court), Vandeikya, for claim of land and injunction. Subsequently, the respondents filed a fresh suit in the trial court to set aside the consent judgment. The suit was registered as VUAC/51/2002. The trial court on 7 October 2003 dismissed the said suit. The respondents were aggrievedby the decision. They filed an appeal against it to the lower court in appeal No. VHC/10…