ONNOGHEN, J.C.A. (Delivering the Leading Ruling): This is a ruling on an application by the appellant/applicant praying the court for "an order re-listing this appeal which was struck out on 21st day of May, 1998." The application is supported by an affidavit of 10 paragraphs as well as a further affidavit of 3 paragraphs on which the applicant relied in moving the court. On the other hand the 1st respondent caused a notice of preliminary objection to the said motion to be filed as well as a counter affidavit.
When the matter came up for hearing on 27th March, 2002, learned counsel for the appellant/applicant, Seeni Okunloye, Esq. informed the court that the application is grounded on Order 3 rule 25(2) of the Court of Appeal Rules. Referring to paragraph 6(i) of the supporting affidavit and exhibit F A I attached to the further affidavit, learned counsel submitted that the main reason for striking out of the appeal is the absence of the counsel for the appellant on the date in questi…