S. U. ONU, J.S.C (Delivering the Leading Judgment): The main complaint of the plaintiffs/appellants in this appeal emanating from the Court of Appeal, Benin Division (hereinafter referred to as the court below), dated 16th April, 1993 and which falls within a narrow compass, is the admission in evidence of Exhibit "D", to wit: Suit No. S/32/74 which the defendants/ respondents during their defence, having hitherto pleaded it, sought to tender same but was vehemently opposed by the plaintiffs/appellants on grounds that it was not relevant to the suit since the parties, subject-matter and issues therein were not the same. The aim of the defendants/respondents in tendering it through the 3rd respondent (a request which the learned trial judge eventually acceded to by admitting it as Exhibit "D") was, as I shall seek to demonstrate, to discredit the traditional history of the plaintiffs/appellants.
At the High Court, Orerokpe in Bendel (now Delta) State the plaintiffs/appellants commenced…