This is an appeal against the judgment of the Court of Appeal (Jos Division) striking out the Appellants notice of appeal to it and dismissing the appeal based on the said notice. The Appellants, as plaintiffs had sued the Respondents in the Upper Area Court of Benue State in the Gboko Judicial Division claiming ownership of a piece of land situated in Mbazegh in Kusuv Clan. At the conclusion of trial, the trial court found for the Appellants and entered judgment for them. The Respondents appealed to the High Court of Benue State sitting in its appellate jurisdiction. The High Court allowed the appeal, holding that the plea of estoppel per rem judicatam raised by the Respondents at the trial Upper Area Court succeeded and struck out Appellants' claim.

Being dissatisfied with the judgment of the High Court, the appellants appealed to the Court of Appeal Jos which dismissed the appeal on ground that the appellants ground 1 in the notice of appeal was incompetent and the ground 2 not having been argued in the brief was deemed abandoned. The appellants dissatisfied have appealed to the Supreme Court.