(2001) JELR 44229 (CA)    

Court of Appeal  ·  CA/B/109/99 ·  22 Feb 2001 ·  Nigeria
Other Citations
Ekpeto v. Wanogho (2001) 8 NWLR (Pt.716) 665
Ekpeto v. Wanogho (2001) 8 NWLR (Pt. 716) 665
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
extension of time
court of appeal rules
supreme court
further answer
lead ruling
appeal no. ca
cause list
court of appeal act
court room
lower court
open court
order of dismissal of the appeal
registry of the court
16-paragraph counter-affidavit
21-paragraph affidavit
absence of the appellants
assistant chief registrar of the court
cause list of this honourable court
copies of the brief of argument
copy of the register of the court
court file
court of appeal benin
endorsed copies
front pages of the motion
further reply
good taste
inherent jurisdiction of this honourable court
law firm of p. o. wanogho
legal position
member of the respondent family
mr. a. k. lawal
mr. a. o. giwa
mr. peter oniovwiona wanogho
oleh high court
precincts of the court
premises of the oleh high court
principal partner
respondent mr. p. o. wanogho
rules of this honourable court
stricto sensu

AKAAHS, J.C.A. (Delivering the Lead Ruling): The applicants brought this motion pursuant to section 16 Court of Appeal Act; section 33 of the Constitution of the Federal Republic of Nigeria 1999 and the inherent jurisdiction of this Honourable Court praying for the following relief namely:-

"An order restoring/relisting this appeal No. CA/B/109/99 struck out/dismissed on 10/2/2000 for lack of diligent prosecution."

The grounds upon which the application has been brought are:

1. The order was made in the absence of the appellants.

2. As at the time the order was pronounced the appellants' brief of argument and motion for extension of time had been filed.

The motion is supported by a 21-paragraph affidavit and 5 annexures marked Exhibits A, B, C, D and E. The application was opposed. To this end, Mr. Peter Oniovwiona Wanogho, the principal partner in the Law firm of P. O. Wanogho and Associates deposed to a 16-paragraph counter-affidavit. This prompted Mr. A. O. Giwa learned counsel f…

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