DIAMOND BANK PLC V. E. B. UKIRI

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Lead Ruling): On 27th January 2014, the applicant filed a motion for extension of time within which to file the Appellants/Applicants brief of argument e.t.c. The following day 28th January, 2014 he withdrew the application and it was struck out by the Court.

The record of appeal transmitted on 16th September, 2013 was also struck out for being incompetent.

The appeal was dismissed for being abandoned.

The Applicant has therefore brought the instant application under Order 8 Rule 20 of the Court Appeal Rules 2011 for an order restoring the Appeal filed on 13th September, 2013 which was dismissed on 28th January 2014.

The motion on notice is supported by an affidavit of twenty-one (21) paragraphs to which is annexed a few exhibits. These are a notice of appeal, proceedings of this Court of 28th January, 2014 in Appeal No. CA/PH/668/2013 and Appellants Brief of Argument in Appeal No. CA/PH/57/2014.

The Respondent filed a counter affidavit of twelve…