BISHOP C. A. AJAYI V. MRS. DOLAPO AKINBOBAMI & ORS.

CHINWE E. IYIZOBA J.C.A (Delivering the Lead Ruling): This ruling is in respect of an application brought by the appellant/applicant praying this court to inter alia re-list suit No.CA/B/31/2008 struck out by the Honourable court on 30/6/2009. The application is supported by an affidavit of 19 paragraphs deposed to by the applicant.

In opposition to the application the respondents filed 19 paragraph counter affidavit deposed to by a legal practitioner in the chambers of respondent's counsel. The contention of Mr. Aladedutire counsel for the respondents is that he brought an application for the appeal to be dismissed under Order 17 Rule 10 of the Court of Appeal Rules 2007 for want of diligent prosecution of the appeal. Counsel submitted that the court granted his application but struck out the appeal. He argued that by the relevant rules of court the appeal is deemed dismissed and that this court has no jurisdiction to relist the appeal. Counsel relied on the case of Ekpeto v. Wanosho…