AHMAD O. BELGORE J.C.A. (Delivering the Leading Ruling): By a notice of motion, filed by the respondents herein on the 29th day of February, 2008, this Court was moved on the 11th day of June, 2009 to dismiss the appeal filed by the appellants on the ground of want of diligent prosecution under Order 17, rule 10 of the Court of Appeal Rules, 2007. The motion was granted as prayed and the appeal was accordingly dismissed.
The appellants, by their learned counsel have now brought a motion praying inter alia for-
1. An order re-listing or restoring appeal No. CA/S/95/09 struck out by this honourable court (sic) on 11th June, 2009 for want of diligent prosecution, and
2. Subject to (1) above, an order granting the Appellants/Applicants extension of time within which to file their Appellants' brief of Argument.
The grounds upon which the application has been brought are stated in the motion and is supported by a 3 - point affidavit stating the reasons for delay in filing Appellants' brief…