Customer Support

AJA & ANOR
V.
AJA

(2017) JELR 39869 (CA)

Court of Appeal 20 Feb 2017 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/OW/139/2014(R)
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:Bailiff called Appellant's counsel on 10/2/17 and informed him of today's sitting. For Appellant Precious Kalu with him, Miss B. N. Nwodo For Respondent

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The notice of appeal founding this appeal was filed 23-10-13. The record of appeal was transmitted to this Court out of time on 19-12-14. Ever since then the Appellants have failed to regularize the transmission of the record of appeal. They filed a motion on 3-2-15 seeking enlargement of time to transmit record of appeal. They did not come to Court to argue it. The Respondents motion filed on 2-10-14 seeks to dismiss the appeal for want of diligent prosecution. We have no option but to attend to that motion today. The Respondent has clearly made out a case for dismissal of the appeal for want of prosecution. This appeal is dismissed pursuant to Order 8 Rule 18(1) of the Court of Appeal Rules 2016.

ITA GEORGE MBABA, J.C.A.: I agree.

TUNDE OYEBANJI AWOTOYE, J.C.A.: I agree

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.