TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Lokoja, Kogi State delivered by Hon. Justice S. K. Otta on 8th January 2009 wherein the claim of the claimant was struck out for being incompetent having been filed outside the statutory period.
All parties filed their respective briefs of argument. At the hearing of the appeal on 21st November 2012, the appellant's brief filed on 23rd July 2009 settled by Chief J.A.N. Elukpo, Esq, in person, was deemed filed. The 1st respondents brief of argument settled by Abdullahi M. Aliyu Esq., was also deemed filed. Therein, he gave a notice of preliminary objection in paragraph 3.01 challenging the competence of this appeal, and urged this Hon. Court to strike out the appeal. The 2nd respondent's brief of argument dated 3rd of September 2009 and filed on 4th September 2009 was settled by I. O. Alhassan Esq. Both the 2nd respondent and his counsel were absent at …