ABOKI JCA (Delivering the Lead Ruling): The appellants/applicants brought an application under the rules of this honourable court seeking the following reliefs: “(a) An order of court relisting the appeal which was struck out on 21 November 2007 for 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 13 July 2007 transmitted the record of appeal containing two notices of appeal to this court. About aperiod of more than 3 months after transmission, the appellants/applicants had not filed their appellants’ brief of argument. The 1st respondent applied to thishonourable courtpraying 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 of argument within thetime stipulat…
INSPECTOR-GENERAL OF POLICE
V.
GLORIA
(2009) JELR 56586 (CA)
Court of Appeal 2 Jul 2009 Nigeria
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Case Details
Suit Number:CA/A/M/183/07
Judges:MARY U. PETER-ODILI JCA (Presided) JIMI OLUKAYODE BADA JCA ABDU ABOKI JCA ( Read the Lead Ruling)
Counsel:Simon Lough - for the Appellants.
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Edmund Anionwu - for 1st Respondent. B
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