CRAIG, J.S.C. (Delivering the Leading Judgment): On the 12th of October 1987, after hearing oral arguments from learned Counsel the court allowed this appeal and adjourned till today 4th December 1987 to give reasons for the judgment. I now give my reasons for agreeing that the appeal be allowed.
The scope of this appeal falls within a narrow compass and it is whether an appeal can be determined by an order made under a rule of court which was not in existence at the time that the order was made.
The undisputed facts of this case are that when this matter came up before the lower court at one of the preliminary hearings, the presiding Justice made the following order:-
"Chief A.M.O. Akande for Appellant
K. S. Sofola for Respondent
Court: In view of the new grounds of appeal now filed which are very detailed, the parties agree to file brief of argument and exchange same in this appeal which is now fixed for 13th March 1985.
(SGD.) ADENEKAN ADEMOLA."
The appeal eventually came up for …