JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal (the lower Court), Calabar Division, delivered on 07/06/2005 in Appeal No. CA/C/42/2003 wherein the Court allowed the appeal and set aside the judgment of the trial Court.
The Appellant, being dissatisfied with that decision, appealed to this Court via a Notice of Appeal filed on 17/08/2005.
BRIEF STATEMENT OF FACTS
By a Writ of Summons issued on 04/04/1975, the Plaintiffs, for themselves and on behalf of Chief Efom's family, instituted this action against the Defendants at the High Court of Calabar State. After hearing the parties, the Court delivered its judgment on 09/10/1980, dismissing the Plaintiffs' claims and allowing the Defendants' counterclaim. The appellant dissatisfied appealed to the Court of Appeal, Enugu Division which allowed the appeal and ordered that the matter be remitted to the lower Court for re-trial before another Judge.
Following this develop…