MOHAMMED, LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Akwa Ibom State High Court delivered on the 27/1/10 in suit No. HU/324/2005 in which judgment was entered in favour of the Respondents. The Amended notice of appeal filed on 23/2/12 with the leave of court, contains seven (7) grounds of appeal out of which six (6) issues were distilled by the learned counsel for the Appellants in the Appellants' brief filed on 12/05/11 but deemed on the 23/2/12. The issues are as follows:
"1. Whether the Appellants were denied fair hearing thereby occasioning a miscarriage of justice when the lower court denied them the opportunity of presenting their defence by failing to order for hearing notices to be served on the Appellants following the failure of their counsel to appear on the 4th of June 2009, the 21st of October 2009, the 5th of November 2009, and the 11th of January 2010 (Ground 1 of the notice of appeal).
2. Whether there was a denial of…