U. OMO, J.S.C. (Delivering the Leading Judgment): On the 11th June, 1991, this appeal was heard and summarily dismissed. My reasons for that decision are set out hereafter.
In this interlocutory appeal, the appellants are complaining against the decision of the Court of Appeal dismissing an application filed by them in which they had sought an order of the Court of Appeal, either to dismiss an application filed by the 4th and 5th respondents on the ground that the said application is an abuse of process, or adjourn same, sine die, pending the determination of an appeal filed by the 1st to 3rd respondents in the Supreme Court "on the same complaint as the 4th and 5th respondents."
In the application of the 4th and 5th respondent, which the appellants sought to prevent the Court of Appeal from hearing, they prayed for an order of that Court to set aside its judgment delivered on 11/4/88 in an appeal pending before it (No.CA/E/172/87) on the alternative grounds (a) that it was heard ex-p…