ESO, J.S.C. (Presiding and Delivering the Leading Judgment): Mr. Kehinde Sofola S.A.N. has applied under Order 8 Rule 2(5) of the Supreme Court Rules 1985 for an order for leave to file and argue six additional grounds of appeal in this case. The six grounds of appeal were all described by learned Senior Advocate as grounds of law. Mr. Sofola's application is dated 12th February 1986.
However, on 13th March 1986, Mr. Dapo Abudu, learned counsel representing the Respondents had filed a notice under Order 2 Rule 9 of the same Rules seeking a preliminary objection to the appeal filed on behalf of the appellants by Mr. Sofola. Mr. Abudu's notice reads as follows: "Take notice that upon the hearing of this application for leave to file and argue additional grounds of appeal, the Respondents shall contend that -
1. The substantive cross-appeal and the motion aforesaid be struck out as being incompetent.
OR ALTERNATIVELY
2. That the cross-appeal be dismissed for want of prosecution.
GROUND…