SULU-GAMBARI, J.C.A. (Delivering the Leading Ruling): This is an application to relist an appeal struck out for what looked like want of diligent prosecution by the appellants. When the case came up for consideration before this court, counsel for the appellants appeared in court only to inform the court that the two appellants have died and they had no further instructions on the matter. This court therefore struck out the case accordingly on the 28th day of January, 1988.
The facts deposed to in the affidavit in so far as they are relevant to this application are as follows:-
"4. The High Court in a judgment delivered on 20th July, 1979 dismissed the plaintiffs' claim with ₦600.00 costs.
5. The appellants on being dissatisfied with the judgment lodged an appeal against the same by Notice of Appeal dated 9th October, 1979 and duly perfected all the conditions of appeal imposed on them by the Registrar of the High Court.
7. The 1st Plaintiff/Appellant died on 15th October, 1984 aged …