ADEMOLA SAMUEL BOLA, J.C.A. (Delivering the Leading Judgment): This appeal is a challenge to the decision of the Federal High Court, Calabar Division contained in the ruling delivered on the 23rd day of September, 2014 by his Lordship, Hon. Justice E. A. Obile in Suit No. FHC/M91/2011.
Dissatisfied with the ruling of the lower Court, the Appellant filed its Notice of Appeal dated 3rd day of October, 2014 at the lower Court. The Notice of Appeal consists of two grounds. The Appellant's Brief of Argument was filed on 5th day of May, 2016 and deemed filed on 10th day of January, 2017 upon the grant of the application praying for an extension of time to file the brief and to deem same as properly filed and served. The Respondent filed no Brief of Argument. Prior to this, the Record of Appeal was transmitted to this Court on 2nd day of December, 2015.
The Appellant's Brief of Argument settled by W. S. Ogar, Esq. distilled two issues for determination:
1. Whether the learned trial Judge did no…