RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The respondent, as plaintiff at the High Court of Lagos State had obtained a money judgment against the appellant, then defendant. Not being satisfied with the judgment of the court below, the appellant filed this appeal.
The Court of Appeal fixed the appeal for hearing on 16th September, 2004. Hearing notices issued on the parties. In the interim, on 13th August, 2004, the appellant filed a motion on notice dated 29th July, 2004 seeking a departure from the rules to enable the appeal be argued and determined on the record of appeal compiled by the appellant and marked exhibit A. The application also contained a prayer for an order to deem as properly filed, the appellant's brief of argument already filed and served. The respondent on 14/9/04 also filed a motion on notice dated 13/9/04 seeking an order of court deeming a bundle of documents marked exhibit C.O.I. as supplementary record of appeal for the purpose of hearing and d…