O. ACHIKE, J.S.C. (Delivering the Leading judgment): These two suits were consolidated for the purpose of this appeal. Nevertheless, they will be considered separately. Learned Appellant's counsel elected to take them in the order in which they are set out above.
SC.229/91
This appeal arose from the Ruling of the Court of Appeal Enugu Division delivered on 29th November, 1990. The genesis of the case as it is relevant to this appeal may be found in the judgment of the High Court of Anambra State sitting at Awka in its appellate jurisdiction, delivered on 21/7/87. The judgment was in favour of the Respondent herein. Dissatisfied with the said judgment, the Appellant herein, by motion dated 14/8/87 applied for leave to appeal to the Court of Appeal. The application was heard and granted by the High Court Awka on 20/8/87 whereupon the Appellant filed his Notice of Appeal dated 14/8/87. It was common ground that when the learned Judge of the High Court Awka sat and granted leave to the ap…