W. S. N. ONNOGHEN, J.S.C (Delivering The Leading Judgment).: This is an appeal against the judgment of the Court of Appeal, Holden at Benin City in appeal No. CA/B/43/98 delivered on the 6th day of January, 2003 in which the court allowed the appeal of the present respondents, set aside the decision of the trial court and struck out the suit of the present appellants for being incompetent. The appellants, as plaintiffs instituted an action at the High Court of the then Bendel State of Nigeria, Holden at Benin City, against the defendants/respondents claiming jointly and severally the sum of five hundred and eleven thousand, nine hundred and sixty naira (N511,960.00) damages suffered by them resulting from the death of one Mrs. Helen Okonobor as a result of the alleged negligence of the driver of the defendants/respondents.
In the course of the proceedings the defendants/respondents raised an objection as to the competence of the action as the plaintiffs/appellants are said not to have…