KAZEEM, J.S.C. (Delivering the Leading Judgment): On the 13th of October, 1986, I allowed this appeal, set aside the decision of the Court of Appeal, Enugu and remitted the appeal to that Court for hearing on the merit. I then reserved my reasons for doing so, which is now given today.
The appeal itself is not against the decision of the said Court of Appeal Enugu on the main issue decided by the High Court on 21st September, 1977. That has not yet been heard on the merit. Rather, this is an interlocutory appeal against the decision of the Court of Appeal Enugu on its refusal to grant an adjournment to hear the main appeal which was then dismissed. The whole proceedings of the Court on 19th January, 1984 leading to that decision read as follows:-
"Appellant in Court and says that his Counsel are Fani-Kayode and Sowemimo who promised to he in court today.
AND Ezeogu for the Respondents.
COURT: Appellant is called upon to argue his appeals as it will he unfair to adjourn the hearing o…