MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the High Court of Justice of Delta state, Asaba Judicial Division, which was delivered on November 3, 1997 in Suit No. A/147/94. By the Judgment in question, the lower court, coram M. C. U. Odita J; granted all the declaratory and injunctive reliefs sought by the Respondents (Plaintiffs) against the Appellants (Defendants). Not unnaturally, the Appellants were utterly dissatisfied with the Judgment. Thus, by the original notice of appeal thereof, dated December 22, 1997, the Appellants appealed to this court seeking the following reliefs:
(1) To set aside the decision of the learned Judge sitting at the High Court of Justice, Asaba dated the 3rd day of November, 1997 and to allow the appeal and dismiss the Plaintiffs/Respondents case.
(2) In the alternative, to declare the while proceedings and Judgment a nullity and send the suit back for retrial before another Judge.
…