RHODES-VIVOUR, J.C.A. (Delivering the Lead Ruling): This is a ruling on an application filed on the 1st of April, 2005 by the appellants/applicants praying the court for an order re-listing two motions struck out on the 21st of February, 2005. They are:
(a) Motion No: CA/A/168/M/04 dated 3/11/04 and filed on 15/11/04;
(b) Motion No: CA/A/168/M/04 dated 4/11/04 and filed on 17/11/04.
The application is supported by a 4-paragraph affidavit. Annexed thereto are documents marked exhibits A, A1, B and C.
The respondent did not file a counter-affidavit. Neither side filed briefs of argument. Both counsels addressed us orally on the 26th of May, 2005.
Learned counsel for the appellants/applicants, A. D. Abdullahi, Esq. referred the court to paragraph 3 of the affidavit in support to explain his absence from court on the 21st February, 2005, the day his motions were struck out.
Relying on Lauwers Import Export v. Jozebson Ind. Ltd. (1988) 3 NWLR (Pt. 83) p. 429, he observed that his absence f…