OGBUAGU, J.S.C. (Delivering the Leading Judgment): The main appeal is against the decision of the Court of Appeal, Benin Division, delivered on 4th April, 2001, allowing the appeal of the defendants/respondents from the decision of the High Court of Delta State sitting at Asaba delivered on 20th July, 1998 by Odita, J. The respondents have also cross-appealed.
Dissatisfied with the said decision, while the appellants have appealed to this court on three (3) grounds of appeal, the respondents' appeal is based on one lone ground of appeal.
The respondents have raised a preliminary objection and contend that grounds 2 and 3 of the notice of appeal are incurably bad and incompetent. They urge the court to strike out the said grounds and any arguments founded on them. The ground of the objection is stated as follows:
"1. Non-compliance with Order 8 rules 2 and 4 of the Supreme Court rules -
(a) Grounds 2 and 3 did not constitute or disclose any error in law either on the main body and or …