OGUNTADE, J.C.A. (Delivering the Leading Judgment): The applicant is the appellant in an appeal arising from Suit No. PLD/J628/96. The application which is for leave of this court to "file and argue further grounds of appeal" had seemed a simple and straightforward one.
But respondents counsel Mr. Ibrahim Hamman took objection to the application on the ground that this court lacked the jurisdiction to entertain it.
He submitted that until an appeal had been entered before this court, we were without the jurisdiction to entertain an application based on the said appeal. Counsel relied on Ezomo v. Attorney-General, Bendel State (1986) 4 NWLR (Pt.36) 448 at 460 and Order 1 rule 22 of the Court of Appeal Rules.
Mr. O. B. A. Maduabuchi for the applicant in reply argued that Order 1 rule 22 had no application until and appeal had been entered.
Order 1 rule 22 of the Court of Appeal Rules provides:
"(22)"After an appeal has been entered and until it has been finally disposed of, the court s…