<p>BODE RHODES-VIVOUR, J.C.A (Delivering the leading : ): Learned Counsel for the Respondent/Appellant seeks by his motion filed on 26th February 2008 and brought under Order 17 Rules 1 and 10 of the Court of Appeal Rules 2007 the following:</p><p> 1. An Order to strike out the Appellants brief dated and filed on 10/5/07 on the ground it was filed out of time and without the leave of this Court.</p><p> 2. An-Order dismissing this appeal for want of prosecution.</p><p> 3. And for such further or other orders as the Honourable court shall deem fit to make in the circumstances.</p><p> Abubakar Imam Esq. a legal practitioner in chambers of Learned of Counsel for the Respondent/Appellant deposed to a 7 paragraph affidavit in support of the motion.</p><p> Mr. Francis A. S. Bwala, the Appellant/Respondent deposed to a 12 paragraph counter-affidavit Annexed to it is document marked Exhibit A.</p><p> He also deposed to a 12 paragraph further and better counter-affidavit. Annexed to it are documents marked Exhibit A, and B.</p><p> At the h…</p>