AKUJINWA & ORS
V.
NWAONUMA & ORS
·
ONU, J.S.C.: (Delivering the Leading Judgment): The Enugu Division of the Court of Appeal sitting in Enugu Coram; Olatawura, JCA as then was, Katsina-Alu and Macaulay, J.J.C.A.) on the 28th day of April, 1986, dismissed the appellants' appeal for want of prosecution following their failure to file a brief of argument. The appeal itself had emanated from the decision of the High Court of Imo State holden in Oguta and dated 26th May, 1983.
The brief facts of the case as can be gathered from the record may be stated as follows:-
By their notice of appeal the appellants appealed against the judgment of the High Court of Imo State, Oguta Judicial Division delivered on 26th May, 1983 to the Enugu Division of the Court of Appeal. It would appear that records were received by the Engugu Division of the court hereinafter in the rest of this judgment referred to as the court below) on the 14th day of November, 1984. as would also appear clear, the appellants did not file their briefs of argume…