Facts:

The 2nd Respondent being the Petitioner at the Federal High Court (trial court) commenced an action vide a Petition seeking to wind up the 1st Respondent on grounds of insolvency amongst other grounds. The Appellant filed an Application for Joinder together with a Notice of Intention to Appear in the winding-up proceedings at the lower Court pursuant to Rule 23 of the Company Winding Up Rules, 2001. The lower Court dismissed the Application for Joinder amidst the determination of an avalanche of other interlocutory applications. At the conclusion of the hearing of the winding up proceedings, the lower Court delivered its judgment and granted all the reliefs sought in the Petition.
Being dissatisfied with the Judgment of the Lower Court, the Appellant appealed to the Court of Appeal.