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CaseLaw
This is an appeal against the judgment of the Court of Appeal, Lagos Division, delivered on 17 December 2008. By the judgment, the court below affirmed the decision of the Federal High Court wherein all the questions in the plaintiffs' (now the respondents) originating summons were resolved against the defendants (now appellants). Dissatisfied, the appellants further appealed to this court vide their notice of appeal filed on 18 December 2008, which was amended, containing 23 grounds of appeal out of which the following 6 issues were distilled:
It is instructive to note that in this appeal, the respondents filed and relied on their notice of preliminary objection on 4 October 2011. It is that both the grounds of appeal numbered 3, 6, 7, 10 and 21 contained in the appellants/respondents' amended notice of appeal dated 4 February 2010, and the issue raised by the appellants/respondents in their brief of arguments dated 4 February 2010, to be arising for determination from the said grounds are incompetent and as such, the grounds should be struck out and the issues discountenanced or struck out.
There were several grounds upon which the said preliminary objection were based. However, treading carefully with cautious optimism, but without prejudice to the objections, the respondents proposed 6 issues for determination. On 13 March 2012 when this appeal was heard, learned senior counsel on both sides of the divide duly adopted and relied on their respective briefs of argument.
While the learned senior counsel for the appellants urged the court to allow the appeal, the learned senior counsel for the respondents urged that the preliminary objection raised by the respondents be upheld, and in the alternative, appeal should be considered on its merit, and be dismissed for lacking in merit and be accordingly dismissed.
The said respondents' notice of preliminary objection dated 2 October 2011 was filed on 4 October 2011 but served on the appellants on 13 October 2011. The appellants' reply brief filed on 16 November 2010 was in response to the new issues raised in the respondents' brief and reaction to the respondents notice of preliminary objection under reference.
In their preliminary objection, the respondents argued that the grounds of appeal contained in the appellants' amended notice of appeal and the issues raised in the appellants' brief of argument in support of these grounds are incompetent. Whether, considering the clear provisions of section 251 (1)(g) of the 1999
Whether, considering the clear provisions of section 251 (1)(g) of the 1999...