RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The parties in this appeal are parties to appeal No. O/M/5/2008 pending at the High Court of Delta State sitting at its Ogwashi-Uku Judicial Division. In the said appeal, the 2nd set of respondents in this appeal is the appellants while the appellant in this appeal is one of the respondents. The appellants in that appeal filed their notice of appeal against a 1952 decision of the District Officer, Asaba Division on 3/6/2008. On 19th June 2008 they filed a motion at the Delta State High Court, Ogwashi-Uku Judicial Division praying the court for -
"an order directing a departure from the Rules of this Honourable Court to allow this appeal to be heard on the bundle of papers attached herewith and marked as Exhibits "A" and "B"."
The motion was hotly contested and in a considered ruling the High Court granted the prayer. Dissatisfied with that ruling, the appellant filed this appeal.
The notice of appeal contained four grounds…