BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Judicial Division, Coram: A O. Onum J, and P.T. Kwahar J, in Suit No. GHC/7A/2012: Tyoyima Iorliam and Ors. V. Michael Akule delivered on 19/4/2016, in which the appeal of the Appellants against the judgment of the Upper Area Court 2 Gboko in Suit No. CV/46/2009: delivered on 27/7/2011 was dismissed for lacking in merit.
The Appellants were dissatisfied with the said judgment and had appealed against it vide their Notice of Appeal filed on 16/6/2016 on Five Grounds of Appeal. See pages 102 - 108 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 19/4/2018. The Parties filed and exchange their briefs, which were adopted as their arguments at the hearing of this appeal on 17/11/2022. The Appellants were represented by B.B. Nyam Esq. The Respondent was represented by B.A. Tiough Esq.
On 31/1/2009, the Respon…