AKAAHS, J.C.A. (Delivering the Lead Ruling): The applicants brought this motion pursuant to section 16 Court of Appeal Act; section 33 of the Constitution of the Federal Republic of Nigeria 1999 and the inherent jurisdiction of this Honourable Court praying for the following relief namely:-
"An order restoring/relisting this appeal No. CA/B/109/99 struck out/dismissed on 10/2/2000 for lack of diligent prosecution."
The grounds upon which the application has been brought are:
1. The order was made in the absence of the appellants.
2. As at the time the order was pronounced the appellants' brief of argument and motion for extension of time had been filed.
The motion is supported by a 21-paragraph affidavit and 5 annexures marked Exhibits A, B, C, D and E. The application was opposed. To this end, Mr. Peter Oniovwiona Wanogho, the principal partner in the Law firm of P. O. Wanogho and Associates deposed to a 16-paragraph counter-affidavit. This prompted Mr. A. O. Giwa learned counsel f…