AFRO CONTINENTAL INSURANCE CORPORATION LIMITED & ORS V. NIGERIA DEPOSIT INSURANCE CORPORATION

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Lead Ruling): This is a ruling in respect of Appellants/Applicants' motion for the restoration of appeal and the Respondent's preliminary objection challenging the competence of the motion.

By a motion on notice dated and filed on 8/03/2012 is seeking for an order restoring this appeal which was struck out on 11th March, 2010 for failure of Appellant to properly compile records on the following grounds:

1. "The records of appeal compiled on behalf of the Appellant were incomplete which caused this honourable court to dismiss the appeal.

2. The Appellant/Applicant has been exposed to serious damage as a result of the error of counsel.

3. The Appellant desires to vigorously and seriously prosecute the appeal.

4. It is in the interest of justice to allow a restoration of the appeal."

The said application was supported by four affidavits viz; an 11 paragraphs Affidavit sworn to by one Dilibe Chinedu Ifezue, junior counsel in the la…