OMOLEYE JCA (Delivering the Lead Ruling): This is an applicationat the instance of the respondents/plaintiffs (hereinafter referred to as the applicants) praying this court for an order, dismissing or striking out the substantive appeal for being a flagrant abuse of court process, incompetent, invalid, null and void. The application is predicated on the following amended grounds: “(i) The judgment of the lower court (per Okechukwu Okeke J.) herein appealed against was delivered on 24 February 2006.
) The defendant/appellant herein purportedly lodged an appeal against the said judgment vide its notice of appeal endorsed and filed in the registry of the lower court on the same date , (i.e. 24 February 2006) at 10:45a.m.
(i i) The delivery of the judgment of the lower court which commenced at 10:15am lasted about three hours and was not concluded untilabout 12:30p.m. As at 10:45 am on 24 February 2006, when the defendant/ appellant purported to have filed its notice of appeal, there was …