JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of high court of Kaduna State delivered by Hon. Justice D. Khobo in Suit No KDH/KAD/245/2009, on 19th February, 2016. Not satisfied with the judgment the Appellants who were the plaintiffs, and whose claims were dismissed filed a notice of appeal to this court on 17th May 2016. The appellants subsequently sought and obtained leave of this court to amend the Notice of appeal. The amended Notice of appeal which contains Eleven (11) grounds of appeal was filed on 30/10/2020 and deemed properly filed and served on 21/9/2021.
The record of appeal was compiled and transmitted to this court on 1/8/2016, and deemed properly compiled and transmitted on 18/4/2018. An additional record of appeal which contains the original notice and grounds of appeal only was transmitted on 1/8/2016 and deemed properly transmitted on 18/4/2016.
On due compilation and transmission of the records of appeal, the app…