MODUPE FASANMI, J.C.A (Delivering the Leading Judgment): The Appellants/Applicants moved this Court on 21st of January, 2010 for an Order of this Court granting the restoration of the appeal which was struck out from the Court list for want of diligent prosecution on 27th May, 2009 back to the Court list.
The application was filed on the 4th of Aug. 09. In support of the application is a nineteen paragraph affidavit deposed to by Chief Iyiola Oladiti the 1st Appellant/Applicant.
2nd Respondent, Yekini Kolawole Oladiti on behalf of the Respondents in opposing the application filed a counter affidavit of fourteen paragraphs. At the hearing of the application, learned Counsel for the Applicants submitted that she relied on all the paragraphs of the supporting affidavit. The appeal was struck out due to the absence of Counsel in Court and the reason for the Counsel's absence had been stated in paragraphs 4, 5,7,8,9,10,11,17 and 18 of the supporting affidavit. Learned Counsel to the Appel…