ADEMOLA SAMUEL BOLA, J.C.A. (Delivering the Leading Judgment)
This is an appeal challenging the decision - the ruling of Honourable Justice Ofem I. Ofem of the High Court of Justice, Cross River State sitting at Calabar which ruling was delivered on the 14th day of November, 2017 in Suit No. HCA/ 10/2016.
Dissatisfied with the decision of the trial Court, the Claimant/Appellant filed their Notice of Appeal at the Registry of the lower Court on 7th December, 2017. The Notice of Appeal consists of three (3) grounds.
The Record of Appeal was transmitted to this Court on 7th February, 2018. The Appellant filed their brief of argument on 26th June, 2019. The Appellant's brief was settled by H. E. Chukwu, Esq. The Respondent failed to file his Respondent's brief.
On 23rd September, 2021 by a motion on notice dated and filed on 16th March, 2021, the Appellant applied to this Court for an order granting leave to the Appellant/Applicant for the hearing of this appeal on the basis of the Appellant'…