MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Port Harcourt Division delivered on 12-2-2001 refusing to set aside its own judgment delivered on 16-7-1998.
The appellant and the respondent in this appeal were also parties in appeal No. CA/PH/304/97 then pending at the court below in which the respondent in this appeal was the appellant while the appellant in the present appeal was the respondent. The record of this appeal shows that when that appeal No. CA/PH/304/97 between the same parties in this appeal came up for hearing at the court below on 12-5-1998, on the application of the appellant who was yet to file his respondent's brief, the appeal was adjourned to 23-6-98 for hearing. On this date both parties were represented by counsel but the appellant who was the respondent was yet to file the respondent's brief of argument. In line with the provision of Order 6 rule 10 of the Court of Appeal Rules, the court below he…