UWAIS, J.S.C.: (Delivering the Leading Judgment): This is an interlocutory appeal arising from the ruling of the Court of Appeal on an application brought before it by the appellant.
In the application the appellant asked for an order:-
"1. Extending time within which to file the defendants/applicants' brief.
2. Deeming the defendants/appellants' brief already filed as properly filed:'
The application was supported by an affidavit which was initially considered by the lower court to be inadequate in explaining the cause of delay in filing the brief. And so a further affidavit sworn to by one Okechukwu Agbonu was filed by the appellant and it reads thus:-
"1. That I am a Solicitor in Ezeobi and Company. Legal Practitioners to the defendants/appellant and therefore I am familiar with the facts and circumstances of this appeal.
2. That on 9/2/88, this Honourable Court granted the defendants/appellants 30 days within which to file their brief of argument.
3. That at the time, the Chambe…