JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Delta State sitting at Otu-Jeremi delivered on the 22nd day of May, 2018 by Hon. Justice J.E. Ikede.
Not satisfied with the judgment, the appellant who was defendant at the trial court filed a notice of appeal. The notice of appeal was subsequently amended with leave of this court. The amended Notice of appeal was filed on 30/6/2020 and was deemed properly filed and served on 20/10/2011. The record of appeal was transmitted on 13/12/2018 and deemed properly compiled and transmitted on 20/10/2021. The appellant’s brief of argument settled by P.A. Ezo was filed on 1/7/2021 and deemed properly filed and served on 20/10/2021. The Respondent’s brief of argument settled by R.A. Ekpe was filed on 16/5/2022 and deemed properly filed and served on 16/2/2023. The appellant filed a reply brief on 4/10/2024 and deemed properly filed and served on 9/10/2024. The briefs were argued at…