ITA G. MBABA, J.C.A (Delivering the Leading Judgment): Appellant filed this appeal on 9/2/2010, against the interlocutory Ruling of Honourable Justice A. O. Bamigbola in Suit No. KWS/70/2009, which had -dismissed the Appellant's motion for Summary Judgment on 8/2/10. The grounds of the Appeal, were that:
"(i). The learned Judge erred in law in adopting a double standard when the defendant/respondent did not file or serve a counter affidavit to the Claimant/applicant's motion filed on 6/1/2010 and argued on 11/1/2010 and ruled upon on 8/2/2010.
Particulars of error-in-law:
(i) His Lordship went on a voyage of his own by looking for weakness in the supporting affidavit when no counter-affidavit was filed or served until 8/2/201 0 when his ruling was delivered
(ii) His Lordship was guilty of double standard in looking for faults in the Claimant/applicant's supporting affidavit.
(iii) A Court is not expected to be a research institute in order to assist either side.
(iv) An unserved docu…