DAMJOR
V.
ATTORNEY-GENERAL, BENUE STATE

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the decision of the High Court of Benue State Coram: S. J. Ogwiji J. in suit No.GHC/35m/97 the ruling of which was delivered on 14th April, 1997. In the said ruling the action against the 2nd respondent by the appellant was struck out on the ground that it was incompetent, the requisite notice of intention to sue not having been given to it as required by law, while as against the 1st respondent the application was dismissed for being unmeritorious. Aggrieved by the decision, the appellants appealed to this court questioning the ruling on two grounds of appeal. On 20/11/97 and in compliance with the Rules of this court, theappellants, by either counsel filed brief of argument wherein two issues for determination were identified. The respondents on their part filed the respondent’s brief of argument on 16/11/98 after a motion for extension of time to so file the brief out of time was moved and time was extended by fo…