MOORE A.A. ADUMEIN, J.C.A. (Delivering the Lead Ruling): The appellant/respondent was the plaintiff in Suit NO: HIL/47/90 between: DR. (REV.) OLAPADE AGORO (OWATAPA OF ITAPA) V. OBA ADEKUNLE AROMOLARAN (OWA OBOKUN OF IJESA LAND) and GHIEF SUNDAY TAIYE ADENIYI which was decided by the High Court of Osun State, sitting at Ilesa, on the 27th day of March, 1997. The appellant was not satisfied with the decision of the lower court and he appealed this court.
On the 3rd day of December 2010, Hon. Kanmi Ajibola, Salihu Aliyu Esq. and Sumbo Afolabi Esq. filed a motion in which they sought the following relief:
"An order of this Honorable Court striking out this Appeal, that is Appeal No: CA/I/223/2003, filed against the judgment of the Ilesa High Court, delivered on the 27th day of March, 1997 off the hearing list of the Court of Appeal."
The respondents/applicants predicated their application upon the following 6 (six) grounds:-
"1. The 2nd Respondent who was a necessary party to this Appeal…