RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The applicants were claimants in suit no. HOW/436/2011 while the Respondents were defendants/counter-claimants. On 23-11-16 the applicants claim was struck out while the Respondents counter-claim was determined on the merit on 16-12-16. On 17-8-2017 the applicants filed this motion praying the Court as follows: -
a. Enlarging the time within which claimants/applicants shall seek leave of the Court of Appeal against the interlocutory decision of the Imo State High Court, holden at Owerri foreclosing striking out the claims of claimants and as contained in the Ruling of His Lordship Hon. Justice E. F. Njemanze, delivered on 23-11-16 in Suit No. HOW/436/11; Iwuagwu and Anor. V. Akujobi and 3 Ors.
b. Leave of the Court to Appeal to appeal against the said interlocutory decision of the Imo State High Court, holden at Owerri foreclosing striking out the claims of claimants and as contained in the Ruling of His Lordship Hon. justice E. …