ADZIRA GANA MSHELIA J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State, holden at Nnewi Judicial Division, delivered on 21st day of December, 2007 coram G.E. Ifeakandi J.
The judgment appealed against arose out of two consolidated suits namely: (i) HIH/12/95 and HIH/13/95, respectively. The first suit was instituted by the respondents, in a representative capacity, against the appellants. While the second suit was filed by the appellants, likewise in representative capacity, against the respondents. It is evident from the record that pleadings were filed and exchanged by parties in both suits which were therefore consolidated for trial.
The plaintiffs in suit No. HIH/12/95 who continued to be the plaintiffs in the consolidated suits Nos. HIH/12/95 and HIH/13/95 claimed per their Amended Statement of Claim dated 23/9/93 for themselves and on behalf of Igboanugo family members of Umueze village Ihiala, excepting 7th defend…