AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 28/2/2007 by Hon. Justice Amaechina (hereafter simply referred to as "the learned trial Judge") of the Anambra State High Court of Justice, Onitsha Judicial Division (hereafter simply referred to as the lower court"). The learned trial Judge in the judgment found the case of the plaintiff therein to have succeeded in part and granted reliefs (i) and (ii) claimed by the plaintiff, while reliefs (iii) and (iv) were refused. There were two Plaintiffs on record at the commencement of the action before the lower court. The Respondent in the appeal was the surviving plaintiff as at the date of the delivery of the judgment by the learned trial Judge; while the 1st and 2nd Defendants in the suit before the lower court are the Appellants herein, the 3rd Defendant on record before the said court having also died before the date judgment was delivered.
Parties in the case…