FABIAN EKPENYONG V. ACTION CONGRESS OF NIGERIA & ORS

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling): The 2nd Respondent in this appeal had filed this motion on the 2/4/12 seeking the following reliefs:-

a) Striking out Appellant's brief of argument dated 25th October, 2011 and filed on same date for being incompetent.

b) striking out the appeal as it is incompetent.

c) For any order or further Order(s) as this Honourable Court may deem fit to make in the circumstances.

The grounds upon which the above reliefs were predicated are that:

"1) Appellants' brief or argument was filed based on incomplete record of appeal.

2. Appellant's brief of arguments concealed the fact that the 2nd Respondent had obtained the leave of the trial court to enter a conditional appearance and did raise the issue of jurisdiction before the trial court by notice of preliminary objection (see page 174 - 175 of the record).

3. Appellant's reply brief dated 8th December, 2011 and filed on same date is predicated on incompetent brief of argument.

4. This …