A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): My Lords, The applicants' counsel has moved this Court in terms of his motion on notice for an order.
"(1)That this appeal be re-entered; and
(2) For the enlargement of time within which to file and serve the appellants' brief as required by Order IX Rule 3 (1)".
The application is supported by affidavit evidence of 21 paragraphs and a further affidavit evidence of 4 paragraphs sworn by Otuwe Ugwu one of the applicants.
There is a counter-affidavit sworn by one Agwu Kalu Obos a member of the people of Amaeke, Abriba represented by the respondents.
It is common ground among the parties and their counsel that the appeal No. S.C. 18/1980 was listed for hearing before this Court on 24th day of November, 1980; that the appellants defaulted in filing their briefs as required by Order 9 rule 3 of the Supreme Court Rules 1977 within the extended time; and that on the application of respondents' counsel, Chief Bayo Kehinde, SAN., in cour…