GODWIN CHIME & ANOR V. NELSON UDE & ORS

OGUNDARE, JSC (DELIVERING THE LEADING RULING): The appellants, who are applicants in the application before us, being dissatisfied with the judgment of the Court of Appeal given on 18/1/93 appealed to this court after obtaining the leave of the Court of Appeal so to do. The record of appeal was received in this court on 8/12/93. By the rules of this court, they had ten weeks within which to file their briefs of argument, that is, the appellants should have filed their brief of argument on/or before 16/2/94. They did not do so neither did they apply for extension of time within which to do so. On 8th of March, 1995, this court sitting in chambers, suo motu dismissed the appeal for want of prosecution pursuant to Order 6 Rule 3(2) of the rules of the court.

On 6th November, 1995 the appellants brought their present application seeking the following orders:-

"(a) to set aside its order of the 8th day of March, 1995, made in chambers dismissing the applicants appeal and to restore the appea…