UWANI MUSA ABBA AJI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment of Honourable Justice H.A. Olusiyi and Hon. Justice S.K. Otta, of the High Court of Kogi State, Holden at Kabba, sitting in its appellate jurisdiction, delivered on the 9th of July, 2004, whereby the court set aside the decision of the trial court and ordered a retrial by the Upper Area Court, Isanlu, Kogi State.
The trial court was the Upper Area Court Iyara in Kogi State wherein the Respondents as plaintiffs filed a writ of summons against the Defendants now Appellants. The Respondent's claim was dismissed and judgment entered in favour of the Appellants. The Respondent therein appealed to the Appellate session of the High Court of Kogi State sitting at Kabba. The High Court heard the appeal set aside the judgment of the upper Area Court Iyara, Kogi State and ordered a retrial denovo before the Upper Area Court Isanlu, Kogi State,
The Appellants dissatisfied with the decision of the …