AKPATA, J.C.A. (Delivering the Lead Ruling): The main issue raised in this ruling is whether the Court of Appeal may grant leave to file and argue additional or amended grounds of appeal where the appellant failed to state the particulars and the nature of errors in respect of the original grounds which allege errors in law.
Dissatisfied with the judgment in Suit No. HOW/100/71 delivered by Ogwuegbu, J. on 10th July 1979 at Owerri High Court, the defendants in that case filed their notice and grounds of appeal on 14th July 1979. Also not satisfied with portion of the judgment the plaintiffs cross-appealed by filing their notice and grounds of appeal on 31st July, 1979.
Pursuant to Order 3 rule 15 of the Court of Appeal Rules 1981, the defendants (the respondents in this application) filed notice of preliminary objection to the hearing of the cross-appeal on the grounds that:
" 1. the notice of appeal is defective in that it failed to state what reliefs the cross-appellants are seeking fr…