AJA & ANOR
V.
AJA

(2017) JELR 39869 (CA)    

Court of Appeal  ·  CA/OW/139/2014(R) ·  20 Feb 2017 ·  Nigeria
CORAM
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
Core Terms Beta
appeal
j.c.a.
record of appeal
appellants
case
court
court of appeal rules
dismissal of the appeal
enlargement of time
ita george mbaba
lead ruling
motion
motion today
notice of appeal
option
raphael chikwe agbo
respondent
respondents motion
rule
time
transmission of the record of appeal
tunde oyebanji awotoye
want of diligent prosecution
want of prosecution

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

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