This appeal is against the decision of the Court of Appeal Port Harcourt Division delivered on 12-2-2001 refusing to set aside its own judgment delivered on 16-7-1998.

The Appellant and the Respondent in this appeal were also parties in appeal No. CA/PH/304/97 then pending at the Court below in which the Respondent in this appeal was the Appellant while the Appellant in the present appeal was the Respondent. The record of this appeal shows that when that appeal. No.CA/PH/304/97 between the same parties in this appeal came up for hearing at the Court below on 12-5-1998, on the application of the Appellant who was yet to file his Respondent's brief, the appeal was adjourned to 23-6-98 for hearing. On this date both parties were represented by counsel but the Appellant who was the Respondent was yet to file the Respondent's brief of argument. In line with the provision of Order 6 Rule 10 of the Court of Appeal Rules, the Court below heard the appeal on the Appellant's brief alone without hearing the Respondent in oral argument and the record does not show any such request coming from his counsel. Two days after hearing of the appeal, the Appellant as Respondent in the Court below filed a motion on notice on 25-6-1998 for extension of time to file the Respondent's brief. This motion was fixed for hearing on 5-10-98. However, on 16-7-1998, the Court below delivered its judgment allowing the appeal and ordering the hearing of the Appellant's action afresh by another Judge of the trial High Court of Rivers State.

Not satisfied with the judgment against him, the Appellant filed a motion at the Court below on 15-5-2000 asking for the setting aside of the judgment of that Court of 16-7-1998 and the striking out of the Notice of Appeal filed on 14-11-97 upon which the appeal was heard. The Court after hearing the parties on this application, saw no reason to set aside its judgment and therefore dismissed the Appellant's application on 12-2-2001. It was this decision of the lower Court against the Appellant that gave rise to this appeal.