A. FATAYI-WILLIAMS, C.J.N. (Delivering the Leading Judgment): The case which is now the subject of the appeal before this Court first came before the Federal Court of Appeal on an appeal from the High Court of Lagos State. At the hearing before the said Court of Appeal on 7th June, 1977, learned counsel for the respondents raised two preliminary objections to the hearing of the appeal, namely
(a) That the Bond of appeal executed by the appellant was defective; and
(b) That the Bond did not provide for the due prosecution of the appeal.
In its ruling on the objections delivered on 11th November, 1977, the Federal Court of Appeal found as follows:
"We have carefully examined the bond in question and it is clear that it was not executed, "for the due prosecution of the appeal? and for the payment of any cost which may be ordered to be paid by the appellant' states":
Order VII Rule 10 Supreme Court Rules which provides for the execution of a bond as an alternative to the deposit of sum of…