KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Rivers State, Ahoada Judicial Division delivered on 31/10/05 refusing, the appellant's application for an interlocutory injunction against the respondent. The appellant was dissatisfied with the decision. On 14/2/06, pursuant to a motion on notice filed on 7/12/06, he was granted leave by this court to appeal against it. The notice of appeal dated 9/11/05 containing four grounds of appeal was deemed filed on 14/2/06, Also pursuant to the said motion time was enlarged for the appellant to file his brief of argument. The appellant's brief dated 7/12/05 was deemed duly filed and served on 14/2/06.
The respondent, although duly served with all the processes in this appeal, including the appellant's brief of argument did not react thereto or file any process herein. Consequently this Court on 29/10/08 granted the appellant's application filed on 9/1…