<p>HON. JUSTICE R.C. AGBO, J.C.A. (Delivering the leading : ): This court, according to the appellant, on 18/1/07 struck out its appeal No. CA/L/359/05 for want of prosecution. The appellant/applicant thereafter filed this application seeking the following orders:-</p><p> (a) Relisting onto the cause list the above appeal struck out on 18th January 2007.</p><p> (b) Extending the time within which the appellant may file its brief of argument in this appeal.</p><p> The application which is by motion on notice is supported by a short 12 paragraph affidavit in support which bears reproduction and is reproduced hereunder:-</p><p> "I Jesse Johnson, male, Nigerian, Litigation Clerk, residing at No. 15, Seriki Aro Avenue, Ikeja, Lagos State, make Oath and state as follows:</p><p> 1. I am a Litigation Clerk in the Chambers of M.A. Apampa and Co., Legal Practitioners to the Appellant herein.</p><p> 2. On the 27th of February 2006, this Honourable Court granted the appellant a departure from the rules' so that its appeal may be consi…</p>