CHIEF AUGUSTINE EZENWA & ORS V. CHIEF AUGUSTINE ESEDO & ORS

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): The Applicants brought an application by motion on notice filed on 26/04/16 pursuant to Order 7 Rule 10(1), Order 8 Rule 20 and Order 15 Rule 2 of the Court of Appeal Rules 2011. The motion is supported by an affidavit of 33 paragraphs to which 3 exhibits were attached.

By the said motion on notice, the Applicants are praying this Court for an Order restoring the Appeal, same having been struck out on 04/02/13 for want of diligent prosecution. The Applicants are also praying the Court for an Order substituting Chief Sunday J. Okafor, Chief Joe NwaforEgbe, Chief Thomas Okonkwo and Chief Innocent Arenye for the Appellants on record, the Appellants having all died.

The grounds for the application as contained on the face of the motion paper are as follows:

1. The Appellants were sued by the Respondents in suit no. A/174/1995 before the Anambra State High Court sitting at Awka. At the end of the trial, judgment was delivered in…