WALI J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Benin division in which it set aside the judgment of Ughelli High Court presided over by Omo-Agege J, (as he then was) striking out the plaintiffs' (now appellants') claim for incompetence on ground that the plaintiffs could not in law sue in a representative capacity.
In the trial court, the six plaintiffs (jointly for themselves and on behalf of Owevwen Community Agbarha) sued the defendant claiming the sum of N500,000.00 as general damages for negligence resulting in damaging the only road leading from Owevwen village to Ughelli - Agbarha Otor Road, rendering it impassable to vehicular as well as pedestrian traffic.
The claims were denied by the defendant. On the order of the trial court, the parties filed and exchanged pleadings.
The particulars of negligence and the damages suffered as a result thereof are contained in the following paragraphs of the Statement of Claim:-
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