ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The Appellants/Applicants brought an Application under the Rules of this Honourable Court seeking the following reliefs:
"(a) An order of Court re-listing the appeal which was struck out on the 21st November 2007for want of diligent prosecution.
(b) And for further order(s) as the Honourable Court may deem fit to make in the circumstances. "
The fact of this case is that the lower Court on the 13th day of July, 2007 transmitted the Record of Appeal containing two Notices of Appeal to this Court.
About a period of more than 3 months after transmission, the Appellants/Applicants had not filed their Appellants' Brief of Argument, the 1st Respondent applied to this Honourable Court praying for the striking out or dismissal of the appeal on the grounds that the Appeal did not arise from any decision of the lower Court, that the Record of Appeal contained two Appeals from different proceedings and that the Appellants have not filed Brief…