T.O. AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Appellant on 21/7/2006 against the ruling delivered on same date by Rivers State High Court presided over by Hon. Justice T. K. Osu.
The Appellants being dissatisfied with the ruling filed Amended Notice of Appeal on 19/1/2009 and further grounds of appeal on 19/1/2009.
In their brief of argument dated 22/6/2007 the Appellants formulated 3 issues for determination as follows.
"(a) Whether the court was right to discountenance the further and better affidavit of the Appellants filed on 19/10/2005 on the ground that it was not signed when another copy of same affidavit in the file was duly signed?
(b)Whether the court was right to dismiss the motion when the court did not consider the motion on its merits.
(c)Whether the facts presented before the court the trial court ought to have granted the motion?
On issue 'A' learned counsel for the Appellant submitted that the court o…