MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal by the Appellants against the decision/Ruling of the High Court of Delta State (Akwukwu-Igbo Judicial Division) delivered on the 2nd day of November, 2012 Coram His Lordship, Honourable Justice H. O. Akpotohwo in Suit No. AKU/6/2007: Between Onyeka Gosife Akaraiwe and Anor V. Mr. Boniface Chukwuneke and 3 Ors.
The 1st 2nd Respondents had on the 8th day of May, 2007 commenced this action by Writ of Summons at the High Court of Delta State (Akwukwu-Igbo Judicial Division) under the old High Court Rules seeking for a declaration of title and an Order of injunction against the Appellants.
Thereon, the Appellants filed their joint Statement of Defence and Counter Claim on the 26th day of October, 2007. Consequently, on the 11th day of June, 2008, the 1st 2nd Respondents filed a Reply to the Joint Statement of Defence of the Appellants and Defence to the said Counter Claim.
However, on the 12th day of April, 20…