RIDWAN MAIWADA ABDULLAHI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of Hon. Justice F. E. Awolalu of Ede High Court, Osun State delivered on the 11th of February, 2010 upon five (5) grounds of appeal as contained in the Amended Notice of Appeal filed on the 2nd day of March, 2015. The reliefs sought therein are as follows:
An order setting aside the judgment of Ede High Court delivered by Hon. Justice F. E. Awolalu on 11/2/2010 and in its place an order dismissing the claim of the Respondents in its entirety.
The Amended Notice of Appeal, Records of Appeal and Appellants Brief of Argument were deemed filed and served on 21/9/2015 and the Appellants Reply Brief deemed on 28/9/2017. The Respondents Brief of Argument was filed on the 25/1/2016 and deemed on 24/3/2016.
On the date slated for hearing of the appeal i.e. 25/1/2018, the Respondents Counsel was not in Court and nothing cogent and convincing excusing his absence even though duly served with hear…