UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Rivers State wherein, upon the separate application of the Respondents, it set aside the summary judgment delivered against them on 7th January 2020 on the ground that the Court processes were not served on them. The lower Court then directed that the Court processes be served on the Respondents.
The Appellant was dissatisfied with the decision of the lower Court, and it appealed against the same. The chafed decision of the lower Court, which was delivered on 11th November 2020, is at pages 813-826 of Volume 2 of the Records of Appeal, while the Notice of Appeal which was filed on 5th January 2021, is at pages 834-841 of Volume 2 of the Records of Appeal.
In prosecution of the appeal, the two volume Records of Appeal was compiled and transmitted, and the parties filed and exchanged briefs of argument, which learned counsel adopted and relied upon at the hearing of…