<p><strong>F.F. TABAI, J.S.C. (Delivering the Leading Judgment):</strong> The process which has given rise to this appeal was initiated at the Court of Appeal, Port Harcourt Division. It was a motion filed therein on the 19/8/2003 by the Respondent herein. The motion prayed for:- </p><p> (i) 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 the 16th April 1996 in Suit No. PHC/1097/94.</p><p> (ii) Leave to appeal against the judgment of Justice T.K. Osu J delivered on the 16th April 1996 in Suit No. PHC/I097/94. </p><p> (iii) Extending the time within which to appeal against the judgment of Justice T.K. Osu J delivered on 16th April 1996 in Suit No. PHC/1097/94.</p><p> (iv) Deeming as properly filed and served the Notice of Appeal already filed and served in this Suit.</p><p> By a split decision on the 13th of November 2003 the application was granted. Implicit in the majority decision of Akintan, (J.C.A.) (as he then was…</p>