(2018) JELR 38840 (CA)    

Court of Appeal  ·  CA/B/330/2007(R) ·  31 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
21st march
court of appeal rules
supreme court
1st respondents counsel
additional record of appeal
honourable court
2nd 4th respondents
instant appeal
open court
rules of this court
said motion
text message
appeal stems
appellants application
applicants brief of argument
case of taiwo vs. dosunmu
compilation of records
hearing of motions
hearing of the appeal
main record of appeal
o. keshinro of counsel
registry of the lower court
reply brief
said date
22nd day of march
adjourned date
aforementioned authorities
a.j owonikoko san counsel
cause list of this honourable court
court of appeal act
e.e. arigbe-osula of counsel
exhibits crl
following orders
formal letter
grant of this application
law firm of crandon hull
learned counsel
moore aseimo abraham adumein
order granting leave
paragraph affidavit
registry of the honourable court
regulation of the 1st respondent brief
ruling of this honourable court
said affidavit

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated the 22nd day of March, 2018 and filed on the 23rd day of March 2018 the Appellant herein prayed this Court for the following orders:

1. AN ORDER SETTING ASIDE the ruling of this Honourable Court in this appeal delivered on 21st March 2018 dismissing the instant appeal for want of diligent prosecution;

Or alternatively:

2. AN ORDER GRANTING LEAVE to the Appellants/Applicants to apply to re-list this appeal dismissed on 21st March 2018 for want of diligent prosecution.

3. AN ORDER RE-LISTING the instant appeal in the cause list of this Honourable Court.

4. AN ORDER RE-LISTING the pending motions filed by the Appellant/Applicant struck out on 21st March 2018 for want of diligent prosecution.

AND FOR SUCH FURTHER OR OTHER ORDERS as the Honourable Court may deem fit to make in the circumstance.


1. This appeal stems from the judgment of the High Court of Delta State Coram Honoura…

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