AKPABIO, J.C.A. (Delivering the Lead Ruling): This is a ruling in respect of a preliminary objection raised by Afam Akputa Esq., learned counsel for the respondent, against an application brought on behalf of the appellant/applicant for an order restoring their appeal dismissed on 10/10/2000 for non-compliance with order 3 rule 20 of the Court of Appeal Rules. The full application of the appellant/applicant (hereinafter to be referred to simply as the "applicant") was worded as follows:-
"TAKE NOTICE THAT the Honourable Court will be moved on the Thursday 18th day of January, 2001 at the hour of 9 O'clock in the forenoon or so soon thereafter as counsel can be heard on behalf of the above named appellant/applicant praying the court for the following orders:-
1. AN ORDER setting aside certificate of noncompliance, dated 4/9/2000, issued in this appeal by the Assistant Chief Registrar of Enugu State High Court purportedly pursuant to Order 3 rule 20 of the Court of Appeal Rules on grou…