RESIDENT OFIOGUMA & ANOR
V.
IBUJE & ANOR

RAPHEL CHIKWE AGBO J.C.A. (Delivering the leading judgment): The appellants were plaintiffs in Suit No. HCC/128/2000 pending at the High Court of Delta State sitting at Otu-Jeremi. The Suit has had a protracted history having earlier been heard by the High Court of Bendel State sitting at Ughelli with Suit No. UHU/52/75 before being assigned by the Chief Judge of Delta State to Hon. Justice P.I.O. Anigboro sitting Ototu Jeremi. On 26/6/2001, the appellants as plaintiffs filed a motion in the High Court praying the court for an order "admitting in this Suit a Certified True Copy of the Evidence of plaintiffs witnesses (i.e. P.W.1, P.W.2, P.W.3 and P.W.4) each of whom testified in this Suit before Hon. Justice W.A.O. Onoriobe". The case had earlier been fixed as a special fixture for hearing on 27/6/2001. This motion filed on 26/6/2001 was fixed for hearing on 27/6/2001. The case had to be adjourned to 24/7/2001 to enable respondent's counsel study the application and react thereto. On …