M. Bello JSC (Delivering the Leading Judgment): This is an appeal against the order of dismissal of the Plaintiffs' claim in the High Court, Warri, made by Ekeruche, J., in his ruling of 23rd July, 1974, in Suit No. W/8/73 wherein the Plaintiffs now Appellants claimed against the Defendants, now Respondents:
1. A declaration that the deed dated the 26th day of June, 1969, and made between (1) Okun Guoti (now deceased) (2) Erastus M. Okoromadu for themselves and on behalf of Yonwuren and Agbeje families, AND Stephen E. Idugboe, is void as between the parties thereto, and that the said deed be set aside;
1. Delivery of the said deed for cancellation.
The circumstances leading to the dismissal of the Suit are as follows:
Pleadings having been ordered and duly filed and delivered, the parties were notified that the case had been fixed for hearing on 3rd to 6th June, 1974. Before the date fixed for hearing, to wit on 3rd May, 1974, the Itsekiri Communal Land Trustees applied by motion on …