SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Court of Appeal, Kaduna Division. In the Judgment delivered on 26th July, 2004, the learned Justices of the Court of Appeal, struck out the 1st and 2nd Appellants' Notice of Appeal dated 2nd October, 2002, and the grounds of appeal contained therein for being incompetent. The Judgment of the trial court delivered on 7th October, 1998 in suit No. KDH/2/49/97 was affirmed and the 1st and 2nd Appellants were ordered to pay the sum of N7,000.00 as costs to the Respondent.
The summary of facts relevant to this appeal is exposed as follows: The Respondent who was the plaintiff at the trial Court obtained judgment on 7th October, 1998 against the 1st and 2nd Appellants who were the defendants. Prior to the delivery of judgment, the Appellants had applied by way of a Motion on Notice to the trial Court on 30th September, 1998 for an order granting leave to the Defendants to adduce oral a…