NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This appeal by the plaintiffs, Obed Okpala and Julian Okpala, against the defendants raises one straight issue: that is, whether the Court of Appeal was right to have substituted an order of dismissal of the plaintiffs' claim for that of a non-suit made by an Awka High Court.
The parties to the suit are of some importance for the determination of this issue. The two plaintiffs, Obed Okpala and Julian Okpala, brought this action in an Awka High Court "for themselves and for and on behalf of Umu-Okpala family of Amakwa, Eziaja Village, Neni." The action was against Richard Ibeme and nine others who were sued and defended the action "for themselves and for and on behalf of Umueze Village, Neni." The action was fought throughout in these representative capacities.
Before I deal with the facts which led to this appeal, I would wish to dispose of one procedural point which arose during argument. The plaintiffs (hereinafter called appe…