KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Rivers State, Isiokpo Judicial Division delivered on 21/3/95 allowing the plaintiff/respondent's claims against the 1st defendant/appellant for damages for negligence and costs. Being dissatisfied with the judgment the appellant filed a notice of appeal dated 25/4/95 containing six grounds of appeal. Pursuant to a motion on notice filed on 1/12/97 and granted on 28/10/98, the appellant filed four additional grounds of appeal.
The parties duly filed and exchanged their respective briefs of argument in compliance with the rules of this court. The appellant's brief is dated and filed on 28/12/98. A reply brief dated and filed on 22/9/2000 was deemed filed on 16/1/01. The respondent's brief dated 6/4/2000 was deemed filed on 29/6/2000.
on 25/5/09 when we heard this appeal, Mr. N.E. Ofoegbu, learned counsel for the appellant, applied by motion on n…