APOSTLE (DR.) MOSES ADETUNJI FASAWE V. ILORI OLAWOLE ADEKANBI & ANOR

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated and filed on 14/10/2010, the Appellant/Applicants therein (now Respondents) sought an order that Suit No.HOW/4/2001 be heard de novo by another Judge by reason of the frustration of the appeal lodged thereto. The main ground of the application for that motion before this Honourable Court then, was that the appellants/applicants filed an appeal but the appeal could not be prosecuted "because the case file, records and exhibits were and are still missing at the Lower Courts Registry."

In a considered Ruling delivered on the said application an 8/3/2012 by Kekere-Ekun JCA (as he then was) supported by Iyizoba and Adumein JJCA, this Court held at pages 16 - 17 of the Judgment as follows:

"....Where an appellant has done all that is required of him for the prosecution of his appeal and it is frustrated due to no fault of his, the Court has a duty to exercise its judicial powers in favour of enabling hi…