C. M. CHUKWUMA-ENEH, JSC (Delivering the Leading Jugdment): This appeal is against the decision of the Court of Appeal, Ilorin Division (i.e. Court below) delivered on 19/11/2001 upholding the decision of the Kwara State High Court of Justice sitting at Ilorin in its appellate jurisdiction delivered on 27/10/1998, which in turn has allowed the appeal against the decision of the Upper Area Court delivered on 19/3/1998 giving judgment in favour of the plaintiffs (appellants in this court). The appellants and the respondents in this Court are the plaintiffs and the defendants respectively at the trial Upper Area Court.
Aggrieved by the decision of the Court below the appellants (plaintiffs) by a Notice of Appeal dated 15/1/2002 and filed on 17/1/2002 with leave of the court below have raised six grounds of appeal therein.
The appellants and the respondents have filed and exchanged their respective briefs of argument. The appellants in their brief of argument, have distilled two issues f…