MOHAMMED, JCA (Delivering the Lead Ruling): By a motion on notice dated 18-9-2003 and filed in this court on 29-9-2003, the applicant in a preliminary objection sought for an order - “striking out the notice and grounds of appeal dated the 8th day of September 2003 and filed by the respondent at the Onitsha High Court Registry on the same date and also the motion on notice No. CA/E/127M/2003 dated the 9th day of September 2003 filed in this court pursuant to the said notice of appeal on the ground that the appeal and the motion are incompetent and the court has no jurisdiction to entertain them.” The motion was supported by an 11 paragraph affidavit deposed by one Ikenna Obidiegwu one of the applicant’s counsel at the court below.
Paragraphs 1 to 10 of this affidavit which are relevant to present application are as follows: “1. That I am one of the counsel/solicitors for the applicant in the High Court in motion No. 0/205M/2003 and swear to this affidavit with the consent and authori…