The appellant in this appeal was the plaintiff at the trial Upper Area Court, Zaria where he sued the respondent in 1981 for account of profit on the use of a 911 Mercedes Benz Lorry bought jointly by the parties for transport business. The Upper Area Court, Zaria delivered its judgment on 2nd June, 1981. Apparently the respondents were not satisfied with the decision but only the 1st respondent filed his notice of appeal within time in the High Court of Kaduna State. This appeal however remained unheard until 16th May, 1989 when the High Court, court heard an application filed on behalf of the respondents by their learned counsel on 15th May, 1989. The motion was for leave to file and argue additional grounds of appeal by the 1st respondent, and for leave to file and argue notice of appeal and grounds of appeal out of time by the second respondent. The motion was argued on behalf of the respondents by their counsel and at the conclusion of his arguments the appellant who appeared in person was recorded as saying he had no objection. The reliefs sought by the respondents in the application were accordingly granted by the High Court which adjourned the substantive appeal to next session for hearing. However before the appeal came up for hearing at the High Court,, learned counsel for the appellant filed this appeal against the ruling of the High Court of 16th May, 1989 granting the 1st respondent leave to file and argue additional grounds of appeal, and granting the 2nd respondent leave to file his appeal out of time and argue the grounds of appeal contained therein.