FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Federal High Court Awka Judicial Division, delivered on the 18-12-2008 in which the Court entered judgment in favour of the 1st Respondent as Plaintiff who had sued the Appellant and 2nd Respondent as Defendants claiming several Declaratory Reliefs and mandatory Orders at paragraph 31 of its Statement of Claim filed on the 29-8-2007. The Appellant as 1st Defendant entered a conditional appearance and thereafter filed a Statement of Defense. With the leave of the Court below, the Appellant later filed an Amended Statement of Claim on the 28-5-2008. The 2nd Defendant now 2nd Respondent neither entered appearance nor filed any processes at the Court below. Indeed the 2nd Respondent did not participate in the trial at the Court below.
The case of the 1st Respondent as Plaintiff is that the Appellant has no right to reject the admission result that 1st Respondent submitted to the…