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OMO, J.C.A. (Delivering the Leading Judgment): This is an application seeking the orders of this court (1) to set aside its order made on 28/11/85 dismissing the appeal of the appellant/applicant for want of prosecution, and (2) to set down the said appeal for hearing.
The relevant facts are briefly as follows: on 4th July 1984 the applicant was convicted at the Oyo State High Court (Ibadan) of the offences of stealing and conspiracy to steal for which he was sentenced to a cumulative fine of N1,000.00 or a term of imprisonment for 2 years. On 2nd August 1984 he filed an appeal to the Court of Appeal against his conviction. On 16th August 1984 conditions of appeal were settled and perfected.
On the 21st August 1985 records of appeal were received by the Registry of this court from the High Court Registry. On the same day the appeal was listed for hearing on 28th November 1985 and hearing notices issued to the parties. The hearing notice for the appellant/applicant was served on him on…