<p style="text-align: justify"><strong>JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Leading Judgment): </strong>The appeal is against the ruling of the Court of Appeal Lagos Division delivered on 24th June, 2010 in Appeal No. CA/L/765/2008 wherein the lower Court struck out the Notice of Appeal filed by the Appellant for being incompetent.</p><p style="text-align: justify">The facts of this case are that the Appellant, who was the plaintiff before the trial Court filed an application for consolidation of the counter-claim in Suits No: LD/907/2004 with Suit No: LD/1666/O5. The Court after hearing the application, denied same. The Appellant contended that his right to fair hearing in the determination of its right to counter-claim was breached.</p><p style="text-align: justify">Dissatisfied, the Appellant appealed against the ruling of the trial Court to the Court of Appeal Lagos Division vide a notice of appeal filed on 17th June 2008.</p><p style="text-align: justify">During the proceedings before the lower Court on 17th May 2010, when the learned senior counsel for the appellant, Mr. Awomolo, SAN, was about to move a motion on notice…</p>