TOBI, J.C.A. (Delivering the Leading Ruling): On 5th February, 1999, counsel for the applicant filed a Notice of Intention to contend that judgment should be affirmed on grounds other than those relied on by the court below. He relied on the following grounds:
"(1) The Plaintiff/Respondent has title or better title to the land than the Appellant who claims spurious title he could not establish.
(2) The Plaintiff/Respondent duly registered his interest in the land before the purported registration of the non existent interest in the land by the Defendant/Appellant."
The Notice was dated 30th November, 1998.
On 16th December, 1998, counsel filed a motion asking for the following two prayers:
"(1) An order extending the time within which the applicant may file its Respondent's Brief of Argument in this Appeal, and
(2) An Order deeming the Respondent's Brief of Argument dated October 1998 and filed out of time and duly served as properly filed and served the necessary fees having been paid."
On …