HUSSEIN MUKHTAR, J.C.A: (Delivering the Leading Judgment) This is an appeal against the judgment of the High Court of Lagos State delivered by Oshodi, on the 14th July, 2004, entered in favour of the defendant's third party notice (the respondent herein) against the third party (the appellant herein). The Amended Notice of Appeal dated and filed 3rd April, 2008 with leave of this court granted on 2nd April ,2008 is premised on five grounds as hereunder reproduced less the particulars thereof:
(a)"The learned trial judge erred in law when he proceeded to consider and award judgment in favour of this respondent on its third party claim against this appellant in breach of order 14 rules 28 and 29 of the High Court of Lagos State (Civil Procedure) Rules 2004.
(b)The learned trial judge misdirected himself in law when he held that 'though 3rd party did file a defence to the 3rd party proceedings the non-calling of oral evidence to back up the defence filed, means that the statement of defe…