IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Anambra State High Court of Justice, Aguata Division, holden at Ekwulobia which Judgment was delivered by Honourable Justice A.O. Okuma on the 24th day of November, 2008 whereby we entered judgment against the Plaintiff and dismissed his Claim in its entirety. Dissatisfied with the Judgment of the lower Court the Plaintiffs/Appellants now have appealed to this Honourable Court by a Notice of Appeal with five Grounds as contained at pages 215 to 219 of the Record of Appeal filed by the Law firm of G. E. Ezeuko (SAN) and Co. per G.E. Ezeuko, Jnr., Esq. of Counsel. Briefs of Argument were exchanged in this Court in accordance with our Rules and for the Appellants Emeka Ahamefuna Esq. who settled his Brief distilled two Issues for determination couched as follows:-
"1. Whether or not proper evaluation was made when the learned trial Court shirked his duty and declined to determine …