NIGERIAN GAS COMPANY LTD & ANOR V. SAIPEN CONTRACTING (NIG) LTD. & ANOR

CHIOMA E. NWOSU-IHEME (Ph.D) J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court Port Harcourt Judicial Division delivered on the 22/1/2002 wherein the court held that the 1st and 2nd Appellants' (Defendants at the lower court) application challenging the jurisdiction of the court was pre-mature.

On the 19/2/13 when this appeal came up for hearing, counsel adopted their respective briefs of argument. After the adoption of briefs by counsel in this appeal, the court discovered that there was nothing on record to show that the prescribed fees were paid for the filing of the Notice of Appeal. In answer to the question put to him by the court counsel for the Appellants C. M. Isiodu Esq. admitted on record that the appropriate filing fees for the Notice of Appeal was not paid.

Order 3 Rule 25 of the Rules of this court 2002 in its 3rd Schedule under which the Notice of Appeal was filed provides for N500.00 (Five Hundred Naira) as filin…