A. NNAMANI, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the .judgement of the Court of Appeal, Lagos Division (Kazeem, J. C. A.) as he then was, Ademola and Nnameka-Agu, JJ.C.A. dated 21st April, 1982 and given in an interlocutory matter.
Two grounds of appeal were filed and they are as follows:-
(1) "The Learned Judges of the Federal Court of Appeal erred in law in distinguishing the case of Ibodo and Ors v. Enarofia and Ors (1980)5-7 S.C. 42 and therefore declining to apply it on the ground that they (the learned Judges of the Federal Court of Appeal) were in this case concerned with interpreting the provisions of Order 3, Rule 4(2) of the Federal Court of Appeal Rules when in fact the provisions of the Supreme Court Rules which were applicable in the Ibodo case are almost identical with Order 3, Rule 4(2) of the Federal Court of Appeal Rules.
(2) The Learned Judges of the Federal Court of Appeal failed to exercise their discretion or exercised their discretion …