CaseLaw
The process which has given rise to this appeal was initiated at the Court of Appeal, Port-Harcourt Division. It was a motion filed therein on the 19/8/2003 by the Respondent therein. The motion prayed for:-
By a split decision on the 13th of November, 2003 the application was granted. Implicit in the majority decision of Akintan, (JCA) (as he then was) and Adeniji, JCA was that the deeming order sought was refused and the Applicant was given 14 days within which to file his notice of appeal. In his minority opinion, Aboyi John Ikongbeh JCA (of blessed memory) refused the application and dismissed it.
The Plaintiff who was Respondent therein was aggrieved by the decision and has come on appeal to this Court.