AMAIZU, JCA (Delivering the Lead Ruling): This ruling is sequel to three applications made by the learned counsel for the parties. The applications are as follows -
(1) A motion on notice dated 15th March, 2001, which was filed by the defendants. It prayed the court for leave to further amend their notice of appeal filed on 30th January, 1998. Secondly for an order deeming the further amended notice of appeal already filed as having been properly filed and served. And thirdly, for an order extending the time within which the defendants are to file their brief of argument.
(2) A motion on notice dated 4th May, 2001, which was filed by the defendants. It prayed the court for leave to raise issues not canvassed at the lower court but included in grounds 2, 3, 4, 5, 6, 10, 11, 16 and 17 of the proposed grounds of appeal.
(3) A motion on notice dated 7th May, 2001, which was filed by the plaintiffs. It prayed the court for an order striking out the entire appeal filed by the defendants. The r…