SAMUEL C. OSEJI, J.C.A. (Delivering the Lead Ruling): The applicant in this motion was the defendant in suit No NSD/25/2006 filed in the High Court of Justice Keffi Division, Nasarawa State. The respondent herein had as plaintiff claimed the sum of N250, 000,000 for the negligence of the applicant when it blasted rocks at Kofar Hausawa Primary School Keffi, and one of such rocks hit the respondent resulting in his left leg being amputated.
The suit ended in favour of the respondent wherein the trial court awarded the sum of N89, 640,000 as damages against the applicant.
Being dissatisfied with the judgment, the applicant filed two Notices of Appeal. The first was dated 29/11/2008 and filed on 1-12-2008. It was wrongly headed 'IN THE COURT OF APPEAL, HOLDEN AT ABUJA'. The second one dated 16-12-2008 did not provide the name of the appellant as person interested in the appeal. The appeal was entered as Appeal No CA/J/43/2009.
Briefs were subsequently filed and exchanged wherein the resp…