MUHAMMAD, JCA (Delivering the Lead Ruling): By a motion brought pursuant to Order 3, rule 20(3) of the Court of Appeal Rules, 1981 and under the inherent jurisdiction of this court, the respondent herein prayed for an order dismissing the appeal for want of due prosecution. On 6th day of December, 2001, the application was granted and the appeal was dismissed for want of prosecution. The applicant has now filed an application praying for the following:
“1. An order relisting this appeal - Suit No. FHC/272/97 and Appeal No. CA/B/48/2001 which was dismissed on the 6th day of December, 2001 for lack of diligent prosecution.” The application is supported by a 14 paragraph affidavit. Paragraphs 3 and 4 of the affidavit provides:
“3. That this suit was instituted against the respondent/respondent who resides at Benin City, Edo State. That I am further informed by Paul Irechukwu of counsel and I verily believe him as follows:
The appellant/applicant instituted an appeal against the judgment o…