AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 23/3/2010 by the High Court of Delta State holden in Ozoro Judicial Division (hereafter simply referred to as "the lower Court") presided over by Hon. Justice E. I. Oritsejafor (hereafter simply referred to as "the learned trial Judge"). In its judgment, the lower Court found the claims of the Plaintiff (now 1st Respondent) before it to have succeeded in part and consequently made some declarations and an order of perpetual injunction in favour of the 1st Respondent.
The instant case was contested by all the parties on record on pleadings which they filed and exchanged. Learned counsel for the 1st Respondent in cataloguing the pleadings upon which the case was contested before the lower court made reference to a 2nd Amended Statement of Claim filed by the 1st Respondent and which is on pages 10-16 of the records. Suffice it to say that it is an Amended Statement of…