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M. DATTIJO MUHAMMAD, J.C.A.(OFR) (Delivering the Lead Ruling): By his Notice of motion filed on 25th February, 2010, the applicant seeks the order of this court to dismiss the appeal initiated by the respondent. The application is predicated on the grounds that the appellant/respondent has failed to obtain leave of either the lower court, the Rivers State High Court, or this court before appealing against the interlocutory decision of the former delivered on 26th day of February, 2009 in suit No PHC/1914/2008. The failure to obtain leave before filing the appeal violates section 242 of the 1999 constitution and section 24 of the Court of Appeal Act. Having so appealed, respondent has further failed to diligently prosecute the appeal by refusing to file his brief of argument within the time provided for by order 17 rule 2 of the Court of Appeal rules 2007.
The applicant relies on an eleven paragraph affidavit he deposed to and filed in support of his application. The facts which inform…