REYNOLDS EZEDIARO V. GHADDAR MACHINERY & COMPANY LTD

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): The applicant brought an application by motion on notice pursuant to Order 7 Rule 1 and Order 18 Rule 10 and 12 of the Court of Appeal Rules and the inherent jurisdiction of this Court. By the said motion filed on 11/8/11, the appellant/applicant asked this Court to grant the following prayers based on the following grounds:

1. AN ORDER striking out the Appellant/Applicant's Notice of Appeal filed on 1st February 2011;

2. AN ORDER setting down for hearing the Appellant/Applicant's appeal, commenced vide the Notice of Appeal filed on 9th March 2011, solely on the Appellant's Brief of Arguments filed on 31st May 2011;

AND for such further orders as this Honourable Court may deem fit to make in the circumstances;

TAKE FURTHER NOTICE that the grounds for this application are that:

1. The High Court of Lagos State per Adefope J. delivered a final judgment in suit No. LD/318/2010 on 18th January 2011 against the interest of th…