VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A (Delivering the leading Judgment): The two issues formulated in the brief dated 18/5/01 by the appellant who was the defendant in the court below are;
"Whether from the provisions of order 23 rule 3 and 4 of the Kano State High Court Civil Procedure rules 1988 the trial judge was right to have suo motu formulated three issues and called upon counsel to address him on them instead of delivering his ruling for judgment or transferring the matter to ordinary cause list after considering the affidavit before him and submissions of counsel.
Whether the judgment delivered by the learned trial judge on 31st day of July 2000 in chamber instead of the open court can be said to be valid."
In the brief of the respondent filed on 18/10/01. He proferred reasons for what he described as the propriety of the action of the learned trial court. The trial judge formulated three issues on which he called on the two counsel for either side to address the court on, in…