MUSA D. MUHAMMAD, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Jos Division, hereinafter referred to as the Court below, delivered on the 7th day of April 2005, affirming the ruling of the Benue State High Court, the trial Court, in motion No.MHC/317M/2000 arising from Suit No.MHC/59/99. The brief facts leading to the appeal are supplied anon.
The respondent Chief I. O. C. Onwuka and one Dr. Odu, on the 12th April 1999, as plaintiffs, took out a writ claiming damages against the appellants and five others who had demolished their property.
The Law firm of Osuman and Co entered appearance for the 1st - 4th defendants vide T. S. Shior Esquire by a memorandum filed on 14th May 1999. S. T. Tume Esquire, a senior state counsel with the Benue State Ministry of Justice, by a memorandum filed on the 17th May 1999, entered appearance for the 5th - 7th defendants.
Hearing notices having been issued by the trial Court, parties were all served…