I.T. MUHAMMAD, J.S.C. (Delivering the Lead Ruling): By a Motion on Notice dated and filed on the 3rd day of March, 2010, the applicants herein, asked for the following reliefs:
1) AN ORDER setting aside the Ruling of this Court delivered on the 4th day of April, 1996.
2) AN ORDER of this Court directing this appeal to be re-entered for hearing on the merits.
3) AND for such further Order or Orders as the Court may deem fit to make in the circumstances.
Chief (Mrs) Offiah, SAN moved the Motion on Notice. She stated that the application was brought pursuant to section 22 of the Supreme Court Act, Order 8 R16, and Section 36 of the Constitution of the Federal Republic of Nigeria, 1999. The application is supported by two sets of affidavits:
[i] sworn to by one Mr. Godwin Onovo who averred that he is a member of Umunwezete family of Obeagu Ugbawka on whose behalf and authority this action was instituted in a representative capacity. It contains 73 paragraphs and some exhibits attached;
[i…