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DAVID JOHN CHIA & ANOR. V. PHILIP BEM GBE & ORS.

(2010) JELR 47836 (CA)

Court of Appeal  •  CA/J/EP/HA/61/08  •  6 Jul 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment): This is a motion on notice brought pursuant to Order 17 Rule 10 of the Court of Appeal Rules, 2007 and under the inherent jurisdiction of this Court praying for the following orders:

(1) AN ORDER striking out the Amended Notice of Appeal filed by the Appellants on 10th April, 2008.

(2) AN ORDER striking out the Appellants' Brief of Argument filed on 10th April, 2008.

(3) AN ORDER dismissing Appeal No. CA/J/EP/HA/61/08 for want of diligent prosecution.

(4) Such further orders the Honourable Court may deem fit to make in the circumstances of the case.

The grounds upon which this application is brought are as follows:

(1) The Appellants were served with the Record of Proceedings in respect of this appeal on the 31st day of January, 2008.

(2) By the provision of the Court of Appeal (Practice Direction No. 2 of 2007) Rules, the Appellants are expected to file their Brief of Argument within ten days of being served with the Re…

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