OPUTA, JSC (Delivering the Leading Judgment): On the 27th day of February, 1989, Mr. Awodein for the defendant/appellant moved his motion dated 22/2/89 seeking the leave of this honourable Court to amend his Notice and Grounds of Appeal. The Notice of Appeal was dated 21st February, 1989, and had already been filed. As the motion was not opposed by Mr. Tinubu for the respondents, it was granted and the Notice and Grounds were deemed to have been duly and properly filed. There was also an application by Mr. Tinubu for extension of time within which to file respondents' Brief and for the Brief already filed to be deemed to have been properly and duly filed. This motion was not opposed by Mr. Awodein for the appellants and same was accordingly allowed and the respondents' brief filed out of time was then deemed to have been duly and properly filed.
The appeal was then argued on the two briefs filed with leave of Court. At the close of arguments, I made the following notes:-
"Having read …