TABAI JSC (Delivering the Lead Judgment): The process which has given rise to this appeal was initiated at the Court ofAppeal, Port-Harcourt Division. It wasa motion filed thereinon 19/8/2003 by the respondent herein. The motion prayed for: Extension of time within which the appellant/applicant can apply for leave to appeal against the judgment of Justice T. K. Osu of the Rivers State High Court delivered on 16th April, 1996 in suit No. PHC/1097/94.
Leave to appeal against the judgment of Justice T. K. Osu delivered on 16thApril, 1996 in suit No. PHC/1097/94.
(iii) Extending the time withinwhich to appeal against the judgment of Justice T. K. Osu delivered on 16th April, 1996 in suit No. PHC/1097/94. (iv) Deeming as properly filed and served, the notice of appeal already filed and served in this suit.
By a split decision on the 13th of November, 2003, the application was granted. Implicit in the majority decision of Akintan JCA (as he then was) and Adeniji JCA was that the deeming orde…