OTISI EMEWU V. DR. DAVIDSON OZUZU

IKONGBEH, JCA (Delivering the Lead Ruling): This is a ruling on an application by the appellant, Otisi Emewu, urging this court to strike out cross-appellant’s brief of argument filed on behalf of the respondent, Dr. Davidson Ozuzu. The application was brought on four grounds, which I reproduce from the motion paper:

“(i) The respondent to this appeal has no notice of cross-appeal in this appeal upon which the purported cross-appellant’s brief of argument may be founded.

(ii) The respondent as appellant in suit No. A/331/89: Dr. Davidson Ozuzu v. Otisi Emewu did not obtain and did not comply with any conditions of appeal including the payment of any fees for the compilation of the records of appeal in respect of his appeal from the decision in that suit.

(iii) The record of proceedings in this appeal was compiled pursuant to due fulfillment of all conditions of appeal in this appeal by the appellant/applicant pursuant to the appellant/applicant’s appeal from the decision in suit No…