ELDER S. AKPAN & ORS. V. REV. NSE UMOREN & ORS.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court sitting at Uyo delivered on the 8/11/06 in suit No. FHC/UY/CS/4/05 filed by the Respondents herein against the Appellants. The Federal High Court had in the said decision, overruled an objection challenging its jurisdiction to entertain the suit raised by the 2nd and 4th Respondents, who being dissatisfied with the decision, filed the notice of the appeal on the 25/1/07 against it. The record of the appeal was received in the court on 9/7/07 and the Appellants' brief of argument was filed on the 8/10/07.

There is no record that the Respondents had filed the Respondents, brief of argument and on the 15/11/11, the court granted the application by the Appellants filed on the 6/6/11 and ordered that the appeal be set down for hearing on the Appellants brief alone. The appeal was set down accordingly for hearing on the 12/01/12 and tater to the 30/1…