OGWUEGBU JSC (DELIVERING THE LEADING JUDGMENT): On the 15th of February, 2002, this court delivered judgment in the above appeal. The plaintiff/appellant’s appeal was dismissed by the majority judgment. On the 20th February, 2002, the appellants brought a motion on notice for the following orders:- “(1) An order setting aside the judgment of this Honourable Court contained in the lead judgment of Uthman Mohammed, JSC delivered on the 15th of February, 2002.
(2) An order directing the appeal to be argued de novo before a new Panel of the Court.” The grounds on which the application is based are as follows:- “1. There was a denial of fair hearing when the court struck out grounds 5 and 6 raised in the notice of appeal filed on 9th September, 1999 and argued as Issue 5 in the appellant’s brief, which issue touched on the title to the land in dispute on the ground that no leave of court was obtained to argue those grounds when in fact leave was applied for and granted.
The learned Justice …