WILKEY
V.
OGIEBEAN

AKAAHS, JCA (Delivering the Lead Ruling): This is a second attempt by the applicant to appeal against the judgment of Akhigbe, J. which was delivered on 25/10/95 in Suit No. B/66/90. During the first attempt, the respondents raised preliminary objection to the competence of the entire appeal and this court (coram: Rowland, Ba'aba and Akaahs, JJ.CA) upheld the preliminary objection and in their judgment delivered on 7/2/2001 held that the grounds of appeal were incompetent and this also rendered the issues formulated from the grounds of appeal as incompetent. Consequently, the appeal was struck out with N3,000.00 costs to the respondents. The outcome of the appeal prompted the appellant to file an application dated 19/2/2001 which she sought to amend by filing another motion dated 19/3/ 2001. The heading of the motion dated 19/2/2001 was misleading and the prayers in that motion paper were vague. The application gave the impression that the extension for leave to appeal was against t…