AKANBI, J.C.A. (Delivering the Leading Ruling): On 24th January 1990, when this appeal came up for hearing, learned Senior Advocate Chief B.O. Benson for the Appellant drew attention to what the respondent's counsel in his brief described as a "Preliminary Objection" and sought to have the issue raised therein resolved before dealing with the substance of the appeal.
The brief statement appearing under the heading "preliminary objection" in the respondent's brief reads:-
"The appellant has not since 28th September, 1988 filed any brief of argument. It is however observed that on 5th August, 1988 he filed a brief of argument which appears to have incorporated arguments on the additional grounds. The respondent will at the hearing urge the court to strike out the brief of argument and dismiss this appeal in so far as the brief of argument was filed before leave to file the additional grounds of appeal was granted and there was no order of the court deeming the brief to have been properly …