OGUNTADE, J.C.A. (Delivering the Leading Ruling): The appellant has brought an application whereon he prays for the following orders:-
"(a) Leave of court to amend the Notice of Appeal dated 28/2/91 and filed on 1/3/93 in this suit by replacing the said Notice of Appeal with exhibit 'A' i.e. the proposed amended Notice of Appeal, attached to this motion.
(b)Leave of court to amend the appellant's brief of argument dated 12/5/93 and filed on 14/5/93 by replacing same with a new brief of argument."
In reaction to the above application, the respondent filed a Notice of Preliminary Objection which reads thus:
"TAKE NOTICE that the respondent will contend at the hearing of this application that there is no competent Notice of Appeal and Ground of Appeal on which application for the amendment of Notice of Appeal and appellant's brief of argument can be based.
GROUND OF APPLICATION
(1)There is no competent appeal.
(2)All the grounds of appeal allege error in law and fact."
It is trite that a Notice …