SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the decision of Hon. Justice W.D. Dappa of the Rivers State High Court sitting at Port Harcourt in Suit No. PHC/249/79. In the judgment which was delivered on 8th October, 1986, the learned trial judge dismissed the plaintiff's case and awarded costs of N100.00 (One Hundred Naira only) to first to fourth defendants.
Dissatisfied with the judgment of the court below, the plaintiff hereinafter referred to as "the Appellant" filed his Notice of Appeal originally containing FIVE GROUNDS but later amended to FOUR GROUNDS.
I must confess, the case has a chequered history. It is old. It has suffered long existence in the Enugu Division of this court before it was finally transferred to this Division when it was established in 1989. Hence, it carried the Appeal No. "CA/E/278/99". The original Appellant "Mansseh Addey Williams" suffered a devastating stroke and he died on 21/2/2000. Therea…