(2010) JELR 40179 (CA)    

Court of Appeal  ·  CA/I/148/08 ·  25 Feb 2010 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court list
supporting affidavit
counter affidavit
appellant's brief
brother m. fasanmi
kaduna state
n.w.l.r part
substantial reason
support of the application
1st appellant
1st page of the said appellants
2nd respondent
absence of counsel
appellant's brief long time
authority of okolo vs. ubn ltd
behalf of the respondents
bello c.j.n
chidi nwaoma uwa
chief iyiola oladiti
considered view
constitution of the federal republic of nigeria
counsel's absence
court of appeal rules
hearing of the application
learned appellants
modupe fasanmi
order of this court
paragraph affidavit
paragraphs of the supporting affidavit
plaintiff of his constitutional
restoration of the appeal
said appeal
said appeal no.ca
sidi dauda sage
such appeal
sufficient cause order
supreme court
yekini kolawole oladiti

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…

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