ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of ALIYU, J. of the Federal High Court Lagos Division delivered on 6th day of February, 2007. The suit was originally commenced by an Originating Summons dated 19th day of December, 2001 filed on 13th March 2002. It was subsequently converted to a writ of summons following a successful Preliminary objection of Respondent's counsel. The Respondents filed a Joint Statement of Defense to which Appellant filed a Reply. During trial, the Appellant filed two separate motions on 26th April, 2005 and 25th July, 2006 respectively. Upon conclusion of trial, judgment was given in favour of the Respondent. Dissatisfied with the judgment the Appellant filed a Notice of Appeal of twelve (12) grounds.
The Appellant's brief dated 20th November, 2015 was filed on 13th April, 2016, 5th May, 2016 and reply brief dated 29th April 2011 filed 5th May, 2011 deemed same was settled by Johnson O.…