MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Rivers State (after now Lower Court) contained in a ruling delivered on the 31/01/05 in suit No. NHC/26/2003. The ruling was in respect of a motion filed by the Respondents herein in which they challenged the locus standi of the Appellant to have instituted the action and that the claims were not justiceable. The lower Court upheld the challenge and so dismissed the Appellant's suit in the ruling.
A Notice of Appeal was filed for the Appellant on the 3/2/05 against the ruling containing three (3) grounds of appeal. With the leave of the court, three (3) additional grounds of appeal were filed and as required by the practice in the court, briefs of argument were filed for the parties to the appeal. Once more with the leave of the court, the Appellants brief of argument filed on the 18/3/08 was deemed properly filed on 22/9/08 while the Respondents' brief filed on 27/…