SEAGULL OIL LIMITED & ORS. V. MONI PULO LIMITED & ORS.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment):This appeal is from the decision of the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/437/2001 delivered on the 10/6/2003 dismissing the Appellant's suit for non-disclosure of a cause of action.

With the leave of the Court, a notice of appeal containing three grounds was filed on the 22/2/07 against the said decision and pursuant to the requirement of the Rules of Court, parties filed briefs of argument in support of their respective positions in the appeal.

The Appellants' brief filed on 23/9/08 was deemed on the 17/2/09, the 1st and 2nd Respondents' brief was filed on the 26/3/09 and the 4th Respondent's brief was filed on the 23/3/10 as directed by the court on the 16/3/10. There is no record that the 3rd Respondent had filed a brief in the appeal though duly served with all the processes thereof, but in particular, the Appellants' brief.

On the 1/3/11 when the appeal came up for oral hearing in Court, Mr. Okey Uzoh…