EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): This Cross appeal No. CA/A/258/2009 was commenced on 8-6-2009 when the appellant herein filed a notice of appeal against the judgment of the High Court of Federal Capital Territory in suit No. FCT/HC/CV/434/2007 delivered on 13-3-2009. The notice of appeal contains 19 grounds for the appeal.
Both sides filed, exchanged and adopted their respective briefs as follows-amended appellant's brief, amended respondent's brief, appellant's reply brief. The amended appellant's brief did not distinctly and clearly raise and set out the issues for determination.
The amended respondent's brief raised the following issues for determination-
Whether the Appellant (as Defendant/Counter claimant before the trial court) was granted a fair hearing by the trial court in the determination of the suit against the appellant (distilled from grounds 6).
Whether the Learned trial Judge was right in striking out suo moto the process filed by the Appellan…