EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgment): This appeal No. SC.393/2011 is against the Judgment of the Court of Appeal delivered on 28-7-2011 in Appeal No. CA/E/293/2007 affirming the Judgment of the High Court of Anambra State at Onitsha delivered on 24-4-2007 in Suit No. 0/71/1958 that determined that the plaintiffs are entitled to the statutory right of occupancy to all the land known as Isi-Agu land in Abo Ogidi.
The notice of appeal was amended on 11-6-2015.
The parties herein have filed, exchanged and adopted the following briefs - amended appellant's brief, amended respondent's brief and amended appellant's reply brief.
The appellant's amended brief raised the following issues determination -
"Whether in all the circumstances, the admission, use, reliance and acceptance of Exhibits B and C, being the evidence of four witnesses in a previous trial, accorded with the provisions of Section 34 (1) of the Evidence Act, and the principle of a fair adjudication under our…