MAJOR AYODELE EMMANUEL ROTIMI V. SIR WILLIAM PARKER O. EGHOBAMIEN

BADA JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the Edo State High Court of Justice, Benin Judicial Division in suit No. B/504/2011, between: Mr. William Parker Odigie Eghobamien v. Major Ayodele Emmanuel Rotimi, delivered on 4 October 2011, wherein it was held by the lower court that:

“The respondent did not resist as he is expected to do by filing a counter-affidavit, the present application to arrest the ruling is unsupportable and unmaintainable and is accordingly rejected and refused.” Briefly, the fact of the case are that the defendant now appellant, brought a motion on notice before the lower court in which he prayed forthe following orders:

An order arresting the delivery of the ruling of this honourable court in respect of the motion on notice dated 8 July 2011, until this court has heard the defendant/applicant’s counter- affidavit.

An order granting leave to the defendant/applicant to file counter-affidavit to the motion on n…