OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Kaduna State High Court delivered by Hon. Justice B.U. Sukola on 21st day of October 2015, wherein he refused the Appellant's motion seeking to set aside the judgment of the trial Court delivered on 22/7/2015. Dissatisfied with this decision, the Appellant has appealed to this Court, by Notice of Appeal dated 22/10/15, containing 5 grounds of appeal.
In prosecution of the appeal, the Appellant's Counsel Ibrahim Bawa Esq., filed an Appellant's Brief of Argument, dated and filed on the 27th day of July 2016, formulating four issues for the Court's determination.
In response, the Respondent's Counsel, O. I. Habeeb Esq., and K, Mustapha Esq. of O.I. Habeeb and Co, filed a Respondent's Brief of Arguments, incorporating a Preliminary Objection, in response to which the Appellant filed a Reply Brief, on 28/11/16. Subsequently, the Respondent filed a separate Notice of Preliminary…