M.B. DONGBAN-MENSEM, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice O. O. Olapade of the Ogun State High Court of Justice Holden at Abeokuta Judicial Division. The Ruling was delivered on the 20th day of May, 2010 in favour of the 1st Respondent as the Claimant/Respondent against the Appellant as the 2nd Defendant/Applicant. The Ruling is at pages 392-434 of the record of proceeding. The parties shall be referred to in this Judgment as Appellant and Respondent respectively. The Appellant was dissatisfied with the said ruling and appealed to this court by the notice of appeal dated 3rd June, 2010 in which five grounds were raised against the Judgment as contained in the records of proceedings (pages 232-235 of the record for this appeal).
The 1st Respondent commenced this action by a motion ex parte dated 23rd April, 2008 brought under Order 5 Rule 14 and Order 12 of the Ogun State High Court (Civil Procedure) Rules 1987 and the inherent…