IKYEGH JCA (Delivering the Lead Judgment): The appeal isinterlocutory. It questions the ruling made by the High Court of Justice of Lagos State (the court below), whereby, it granted the respondents’ oral application to withdraw an undated counter-affidavit and replacing it with another counter-affidavit. Briefly, the facts constituting the interlocutory appeal are to the effect that in the court below, the respondents applied orally to withdraw counter-affidavit filed against the originating summons. The application came after the respondents had successfully moved the court below for an ordee to file counter-affidavit and written address against the originating summons. The court below granted the two applications and struck out the counter-affidavit dated 18 February 2009, as requested by the respondents.
The appellants were unhappy with the decision of the court below striking out the counter-affidavit and appealed against it in a notice of appeal with two (2) grounds of appeal o…