BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Coram: J. T. Tur J, and S. J. Ogwiji J, in Suit No. VHC/11A/2002: Tyoor Kuma Cheren and Ors. V. Kukohol Asue Angula delivered on 4/12/2003, in which the appeal of the Appellants seeking to set aside the decision of the Upper Area Court refusing to strike out suit No. CV.38/2001: Kukohol Asue Angula V. Tyoor Kuma Cheren Ors, delivered on 12/11/2002 was dismissed.
The Appellants were dissatisfied with the said judgment and had promptly appealed against it vide their Notice of Appeal filed on 15/12/2003. See pages 32 - 34 of the Record of Appeal. Subsequently, with the leave of Court, the Appellants filed a Further Amended Notice of Appeal on 7/3/2022 on three Grounds of Appeal. The Record of Appeal was duly compiled and transmitted to this Court on 20/1/2004. The Parties filed and exchange their briefs, which were adopted as their arguments at th…