OGUNBIYI JSC (Delivering the Lead Judgment): This is an appeal against theruling of the Courtof Appeal, Owerri Judicial Division, delivered on 19 October 2012, wherein the court...respondents at the lower court. Pages 340 - 470 of the record of appeal is evidencing the respective briefs of arguments filed by all the parties herein, except the 1st respondent. While the foregoing appeal was pending on 18 May 2012, the 1st respondent herein brought an application in the said appeal No. CA/OW/ A 101/2012, praying thecourt for leave to appeal, as an interested party, against the judgement of the Federal High Court, Owerri Judicial Division, in suit No. FHC/OW/CS/133/2011. The application is at pages 537 - 573 of the record.
Upon service of the foregoing application on the appellant herein, he promptly filed a notice of preliminary objection and a counter-affidavit, challenging the 1st respondent’s application as evidenced at pages 608 - 890 of the record of appeal.
Notwithstanding the noti…