YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court delivered on the 18th December, 2007 by HON. JUSTICE O. A. WILLIAMS dismissing the Appellants preliminary objection dated 12/12/2007 and awarding punitive cost of N25,000.00 (Twenty-Five Thousand Naira) against the Appellants. Dissatisfied with the ruling, the Appellants filed a Notice of Appeal dated 9th January, 2008 and filed on the same day. They also filed another Notice of appeal on the 16th January 2008 which was abandoned at the hearing.
Brief facts leading to the appeal arose from a proceeding at the Borno State Yerwa Civil Sharia Court 1 in Suit No. CV/NO/22/03 between the Estate of Late Alhaji Deribe and Anor v. Cavendish Petroleum Nigeria Ltd and Anor. The Respondent brought an application to register the said judgment of the Sharia Court and the Appellant opposed the application by the filing of several processes which the Court below dismissed…