SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff's (now Appellants) against the judgment of the court of Appeal, Enugu Division delivered on 25/4/2002 allowing the appeal of the defendants (now the Respondents) from the decision of Amaizu (J) as he then was) sitting at Otuocha Division of the High court of Anambra state delivered on 25/9/98.
Dissatisfied with the decision of the court of Appeal, the Appellants have appealed to this court on three grounds by Notice of Appeal dated 18/7/2002 and filed on 22/7/2002.
The facts of the matter leading to this appeal are simple. Appellants commenced the action in a representative capacity against the 1st -5th respondents also in the same capacity and against the 6th respondent in his personal capacity by a writ of summon issued out at Onitsha Judicial Division of the High court of Anambra State. Upon the creation of the Otuocha Judicial Division, the suit was transferred to Otuocha and it was hea…