BODE RHODES-VIVOUR, J.C.A (Delivering the leading Judgment): Learned Counsel for the Respondent/Appellant seeks by his motion filed on 26th February 2008 and brought under Order 17 Rules 1 and 10 of the Court of Appeal Rules 2007 the following:
1. An Order to strike out the Appellants brief dated and filed on 10/5/07 on the ground it was filed out of time and without the leave of this Court.
2. An-Order dismissing this appeal for want of prosecution.
3. And for such further or other orders as the Honourable court shall deem fit to make in the circumstances.
Abubakar Imam Esq. a legal practitioner in chambers of Learned of Counsel for the Respondent/Appellant deposed to a 7 paragraph affidavit in support of the motion.
Mr. Francis A. S. Bwala, the Appellant/Respondent deposed to a 12 paragraph counter-affidavit Annexed to it is document marked Exhibit A.
He also deposed to a 12 paragraph further and better counter-affidavit. Annexed to it are documents marked Exhibit A, and B.
At the h…