NATIONAL ELECTRIC POWER AUTHORITY V. ALHAJI NURUDEEN AKINOLA LAWAL & ORS.

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): Although this matter has come up before us as a single appeal, there are, in fact, two separate appeals involved and, for convenience, we shall refer to them as (a) the Principal appeal and (b) the Subordinate appeal. The Subordinate appeal is from the Ruling of the learned trial judge, dated 19th February, 1973, dismissing the appellants' interlocutory application, pursuant to the provisions of Order 28, rule 1 of the former Supreme Court (Civil Procedure Rules) (hereafter referred to as "the old S.C.R.") - contained in Vol. 10 of the 1948 edition of the Laws of Nigeria applicable, in February 1973, in the High Court of Lagos State - for dismissal of the respondent's "action on the ground that even if the allegations of the plaintiff (i.e. respondent) were admitted or established, yet the plaintiff would not be entitled to any decree against the defendants". The question raised by the Principal appeal, which is from the final decis…