OGBUAGU JCA (Delivering the Lead Judgment): This an appeal against the decision of the Benue State High Court, sitting in Katsina-Ala, in its appellate jurisdiction. The present appellants, were the defendants in the trial court where judgment was entered in their favour. The said judgment, was reversed on appeal by the present respondents to the Benue State High Court. Dissatisfied with the said judgment, the appellants have appealed to this court.
Originally, only one (1) ground of appeal was filed. The notice of appeal dated 27th October, 1999, was filed on 5th November, 1999, pursuant to the leave of this court which was granted on 19th October, 1999.
There are three grounds of appeal without any particulars. They read as follows:
Ground 1 - The Benue State High Court sitting on appeal erred in law by relying on the address of counsel to reverse the decision of the trial court when there was a finding of fact by the trial court that it was the (plaintiff) (sic) now respondents …