<p><strong> ABOKI JCA (Delivering the Lead Ruling): </strong> This is an application brought pursuant to Order 3, rule 20(4) of the Court of Appeal Rules, 2002.</p><p>The applicant is prayingthis court for the following order(s):</p><p>“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.</p><p>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…</p>