HAMMA AKAWU BARKA, J.C.A. (Delivering the Lead Ruling): By this motion brought on Notice pursuant to Order 8 Rule 18 (1) of the Court of Appeal Rules 2016 and under the inherent jurisdiction of this Court, the 1st Respondent/applicant prayed for order of Court dismissing the appellant/respondents Appeal in suit No KWS/123/2009 being a judgment of the Kwara State High Court delivered on the 14/12/2016 coram; S. T. Daibu J, for want of diligent prosecution.
The grounds listed in support of the application are that:
i. The judgment of the lower Court appealed against this appeal was delivered on 14/12/2016 wherein the claims of the 1st Respondent/Applicant as the Claimant before the lower Court were granted.
ii. The Applicant/Respondent being dissatisfied with the decision of the lower Court filed his Notice and Grounds of Appeal against the decision of the 10th day of March, 2017.
iii. On the 10th day of March, 2017 the Appellant/Respondent also applied at the Registry of the lower Court fo…