DANA IMPEX LIMITED & HARRISH KIANI V. STEPHEN ADEROTOYE

ADAMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision (ruling) of the High Court of Cross River State of Nigeria, sitting at Ikom, delivered on 21/2/2001. In the said ruling, the learned trial Judge, Hon. Justice J. M. Obase, set aside the consent judgment earlier delivered by his learned brother, Mr. Justice M. Edem, on 27/1/1999. The appellants who were respondents in the application to set aside the consent judgment were dissatisfied with the said ruling and they sought for and obtained the leave of the lower court to appeal against it, in this court. In their original notice of appeal, the appellants filed two grounds of appeal and with the leave of this court granted on 1/11/2001, they filed four (4) additional grounds of appeal. The appellants amended notice of appeal filed pursuant to the above order or leave of this court contains the total of five (5) grounds of appeal. Out of their five grounds, the appellants, in their brief of arguments which…