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 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 which contains two grounds of appeal. An amended notice of appeal was with leave of court filed on 30/6/2020 and deemed properly filed and served on 20/10/2021. The record of appeal was transmitted on 13/12/2018 and deemed properly compiled and transmitted on 8/7/2021.
The appellant’s brief of argument settled by PA Ezo was filed on 8/7/2020. The appellant’s filed a reply following the service on them of the Respondent’s brief. The reply brief was filed on 4/10/2024 and deemed properly filed and served on 9/10/2024. The Respondent’s brief of argument was filed on 16/5/2022 and deemed properly filed and served on 16/2/2023. The appeal was heard on 9/10/2024 whereat PA Ez…