AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 26/6/2012 by the High Court of Justice, Edo State holden in Benin City (hereafter simply referred to as "the lower court") presided over by Hon. Justice C.O. Idahosa - Chief Judge (hereafter simply referred to as "the learned "C.J."). The lower court granted the reliefs claimed in the action by the Plaintiffs before it and dismissed the counter-claim of the Defendants before it. Costs in the sum of N30,000.00 was awarded against the Defendants in respect of the counterclaim.
The instant case was commenced before the lower court by the Respondents through a Writ of Summons which issued on 27/6/1996. Parties duly filed and exchanged pleadings. The pleadings were also severally amended as considered appropriate or expedient by the parties. The last of the pleadings of the parties upon which the case was tried before the lower court are: the Further Amended Statement o…