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MR. CHINEDU AGUMADU & ANOR v. MR. SAMUEL CHUKWUJEKWU AGUMADU & ANOR

(2016) JELR 36845 (CA)

Court of Appeal  •  CA/E/261/2007(R)  •  3 Jun 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Lead Ruling): The instant ruling is in respect of the motion on notice dated the 7th day of July, 2011 and filed on the 15th day of July, 2011. It was brought by the appellants/applicants, wherein they sought for the grant of the following prayer:

?1. An order of the Honourable Court relisting Appeal No.CA/E/261/07 struck out for lack of diligent prosecution on 10/03/2011 back on the general cause list.?

In support of the said motion on notice, the appellants/applicants filed a 20 paragraph affidavit on the 15th day of July, 2011 and written address in support of the said motion. The respondents/respondents in reply filed a 15 paragraph counter affidavit on the 9th day of August, 2011 and written address in opposition to the said motion on notice. In reply to the respondents/respondents? counter-affidavit, the appellants/applicants filed a further affidavit on the 20th day of March, 2013 and a written address in support thereof.

?The ap…

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