<p><strong>RHODES-VIVOUR, J.C.A. (Delivering the Lead Ruling): </strong>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:</p><p> (a) Motion No: CA/A/168/M/04 dated 3/11/04 and filed on 15/11/04;</p><p> (b) Motion No: CA/A/168/M/04 dated 4/11/04 and filed on 17/11/04.</p><p> The application is supported by a 4-paragraph affidavit. Annexed thereto are documents marked exhibits A, A1, B and C.</p><p> 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.</p><p> 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.</p><p> Relying on <em>Lauwers Import Export v. Jozebson Ind. Ltd. </em>(1988) 3 NWLR (Pt. 83) p. 429, he observed that his absence f…</p>