MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State in Suit No. C/82/97 contained in a ruling delivered on 21/5/2002. The Respondent herein, as plaintiff in the High Court, had taken an action against the Appellant and other Respondents and in the course of proceedings, had applied to that court for leave to amend the name of the 1st Appellant, then 1st Defendant, from G.O.C. NIG. LTD. To G.O.C. ENTERPRISES NIG. LTD. In the aforementioned decision, the High Court granted the application to amend and being aggrieved thereby, the Appellant has brought this appeal vide a notice of appeal dated the 28th but filed on the 30/5/2002.
I have noted that the record of the appeal, was transmitted to and received in the court on the 23/9/08, a period of more than six (6) years from the date the notice of appeal was filed. Clearly the record of appeal was transmitted outside the time limited by both the Court of…