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ABOKI JCA (Delivering the Lead Ruling): This is an application brought pursuant to Order 3, rule 20(4) of the Court of Appeal Rules, 2002.
The applicant is prayingthis court for the following order(s):
“1. An order of this honourable court relisting this appeal that was dismissed and struck out for appellant’s non-compliance with Order 3, rule 20 of this honourable court rules 2002. Stay of execution of the orders of this honourable court delivered on the 20th day of September, 2005.
And for such order or orders as this honourable court might deem fit to make under any prevailing circumstances.” The application is supported by a five paragraph affidavit. Paragraph 4 of the said affidavit is pertinent and it is hereby reproduced as follows: “4. That the appellant/applicant’s solicitor, E. I. Esene, informed me on the 14th day of September, 2006 at Suite No. 17, Area 2 Shopping Centre, Garki - Abuja at about 4.30 p.m. of the followingfacts and I verily believe him as follows: That the ap…