TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, sitting in the Lagos Division of the Court delivered on the 23rd day of September 2010 E. O. Abang J., in suit No: FHC/L/CS/797/2009 striking out Appellants counter claim on grounds of non-payment of filing fees on the counter claim.
The facts relevant in this appeal are that the Respondent as Plaintiff commenced action at the lower Court by a writ of summons which is found at page 7 of the Record of appeal. Upon being served Respondents claim, the Appellants as defendants then counter-claimed against the Respondent and the lower Court in its judgment struck out the counter-claim of the Defendants/Appellants on the ground of non-payment of filing fees on the counter-claim by the Defendants.
The Defendants/Appellants became peeved by this decision and therefore being dissatisfied filed a Notice of Appeal on the 9th day of December, 2010. The Appellant's Notice of …