The court also noted that the respondent’s (Lagos State Government) brief of argument, responded to the appeal filed on December 1, 2010 without seeking leave of court to do so.
Counsel to Rev. King, told the court that the appellant filed his brief of argument on June 24, 2008 against the judgment of the lower court delivered on January 11, 2007, but, the court was surprised when the Solicitor General, Lagos State Ministry of Justice, Lawal Pedro, told the court that the respondent’s brief of argument was dated April 21, 2011 and filed April 22.
Presiding Justice, Justice Ibrahim Saulawa, noted that the respondent was out of time since the appellant’s brief of argument was filed on June 24, 2008, stressing the need for the respondent to regularise his brief of argument and adjourned the matter till April 4, 2012.
Rev. King’s counsel, had told the court that sometimes in 2008, the appellate court granted leave to the appellant to amend his notice of appeal and file additional grounds within seven days, contending that the lower court on its own, raised fundamental issue in its judgment and addressed same without input of parties in the suit.
Source: Vanguard
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