OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court, Lagos State delivered on the 1 June 2005, the said decision which finally disposed of the appellants’ case as the claimants then at the lower court. Being dissatisfied with the outcome of the case, the appellants through their learned counsel, Mr. P. E. Okohue have now appealed to this court by a notice of appeal dated 21 August and filed on the 23 August 2005 as evidenced at pages 77 to 79 of the record of appeal and containing two grounds of appeal.
The appellants’ brief was dated 27 August 2007 but properly and deemed filed pursuant to an order of this court on the 19 November 2008. In the absence of any brief filed by the respondents in response to the appellants’ brief served on them, the appellants obtained the leave of this court on 13 April 2010 to argue the appeal based on their brief of arguments alone. Consequent to the order made, the appeal was thereupon argued on the 28 …