AGUBE JCA (Delivering the Lead Ruling): In an application by way of motion on notice dated 25 July 2008, and brought pursuant to Order 8, rule 20 of the Court ofAppeal Rules and under the inherent jurisdiction of this honourable court; the appellants/applicants seek for an order restoring or relistingthe appellants/applicants’ notice of appeal struck out by the court on 20 June 2008, upon the application of the respondents dated 8 January 2008 and filed on 5 February 2008. The grounds for the application are as follows: 1. The appellants/applicants counsel on his way from Abuja to Ilorin for the matter had a minor motor accident which prevented him from getting to Ilorin on 19 June 2008 ; The appellants/applicants got to court on 20 June 2008 but found out that the notice of appeal had already been struck out upon a motion filed on 5 February 2008; The appellants/applicants on 20 March 2008 filed a motion praying this honourable court to enlarge the time within which to file their b…
AJAOKUTA STEEL CO. LTD
V.
ROLE
(2010) JELR 55110 (CA)
Court of Appeal 12 May 2010 Nigeria
BriefBot Summary
- The appellants applied to the Court of Appeal to relist their notice of appeal, which had previously been struck out for want of diligent prosecution after their counsel failed to appear due to a motor accident. - The respondents opposed
Case Details
Suit Number:CA/IL/M19/2007
Judges:DALHATU ADAMU JCA (Presided) SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Ruling)
Counsel:Magaji Oba Abdulkadir Esq., (with him,A. Y. Babadudu Esq., H. A. Gobir Esq. and A. O Efakpo Esq.) - for the Appellants/Applicants.
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D. A. Briggs Esq. - for the Respondents.
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