ADAMU JCA (Delivering the Lead Ruling): By a motion on notice dated and filed on 29 September 2006, the appellant/applicant sought for an order of this court for:
“Relisting the substantive appeal herein and the related motion on notice, both of which were struck out suo motu by this honourable court on 28 June 2006 for want of diligent prosecution.
And for such further or other orders as this honourable court may deem fit to make in the circumstances.”
The said motion is supported by a 26-paragraphed affidavit deposed to by one Taofeek Olawale Ali, the “biological” and 1st son of the applicant. Annexed to the said affidavit are also the following exhibits” .
Exhibit A - a letter by the chamber of the applicant’s counsel to the registrar of the lower court seeking for certified true copies of the exhibits tendered in the case.
(b) Another letter requesting the Chief Registrar of the lower court to forward the said exhibits to the registry of this court. (Exhibit ‘B’)
(c) Another letter …