CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal metamorphosed from the judgment of the Rivers State High Court (hereinafter the lower/trial Court) per Hon. Justice S. C. Charles-Granville in suit No. PHC/1326/2004, delivered on 23rd February, 2010. The said judgment which went in favour of the claimant who before us the respondent, incensed the defendant (appellant) to institute this appeal against the judgment.
In line with the rules and practice of the Court, the respective parties filed and exchanged briefs. The appellants brief dated 10th December, 2014, filed 16th December, 2014 but deemed properly filed and served on 19th January, 2016 as well as the appellants reply brief dated 26th May, 2016 and filed 27th May, 2016 were each settled by AYODEJI ADEDIPE, Esq. The respondent on their part filed a Notice of Intention to Rely Upon Preliminary Objection dated and filed 24th May, 2016. They also filed a respondents brief wherein the argument on his pr…