MOHAMMED LAWAL GARBA, JCA (Delivering the Lead Ruling): In the Appellant' appeal NO. CA/L/518/2013, the Respondents had field a motion dated 6th of February, 2014 and sought the following reliefs from the Court: -
1. AN ORDER of this Honourable Court to dismiss the appeal for wants of diligent prosecution to wit; failure to write and file appellant's brief,
2. AND FOR SUCH FURTHER ORDER as this Honourable Court may deem fit to make in the circumstance."
The motion was supported by a fourteen (14) paragraphs affidavits to which were attached, two documents marked as Exhibit FO1 and FO2. The motion came up for hearing before the Court on the 28th of April, 2015 and this was what happened at the proceedings of the day:-
'Respondent in Court: - RESPONDENTS
APPERANCE: - Counsel E. A. Adesina for the Respondent. I Olowu (Miss) for the Respondent
REGISTRAR:- Appellant served 20/04/15
ADESINA:- We have an application dated 14/11/14 filed 14/11/14 to dismiss the appeal for failure to file brief under…