BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against a judgment of K. M. Kolo, Chief Judge Borno State (as he then was) given on the 21st day of July, 1998 whereby judgment was entered for the Plaintiffs jointly and severally for the sum of ₦150,000.00 with costs assessed at ₦1,500.00. The Plaintiffs are the Respondents before this Court. The appeal, though against the whole judgment is really against the way the learned trial Judge conducted the case. The appellant complains of being denied fair hearing. In accordance with Order 17 rule 2 of the Court of Appeal Rules 2007 the appellants brief flied on the 20th of June 2003 was deemed duly filed and served on the 21st of January, 2004. The Respondents did not file a brief. Learned Counsel for the appellant formulated a sole issue for determination. It reads:
"Whether the appellant was accorded fair hearing in the conduct of the proceedings by the lower court and whether the refusal of the Lower Cour…