MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The 1st respondent as plaintiff at the Imo State High Court sitting in Oguta, hereinafter referred to as the trial Court, commenced the instant suit against the appellant and the 2nd respondent as defendants claiming damages for trespass and injunction. On dismissing the defendants' challenge to its jurisdiction, the trial Court adjourned the matter to a future date for hearing.
Aggrieved, the appellant, by its notice filed on 22nd October, 2002, appealed against the trial Court's decision to the Court of Appeal, Port Harcourt Division, hereinafter referred to as the Lower Court. Prompted by the Court, counsel to the parties made submissions on the competence of the appeal in the light of Section 24(2)(a) of the Court of Appeal Act. In a well considered ruling dated 14th July, 2008, the Lower Court on finding the appeal to be against the trial Court's interlocutory decision filed outside the 14 days prescribed by Section …