REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Ruling): This is an application by Notice of Motion filed by the Applicant on 8/09/09 seeking for the following orders from the court:
"1. AN ORDER enlarging the time within which the Appellant may transmit the records of Appeal in Suit No. 10/701/2005 and pertaining to the Notice of Appeal dated 12th November, 2008 to the Court of Appeal.
2 AN ORDER deeming the records of Appeal already transmitted and served on the Respondent as duly transmitted and served.
3. SUCH FURTHER ORDER(S) as the Court may deem fit to make in the circumstance."
In support of the application is an 11 paragraph affidavit reposed to by Chima Ahanatu, a litigation officer in the employment of Akinlawon and Ajomo Chambers.
The Respondent reacting to the affidavit filed a counter affidavit of 8 paragraphs on 12/10/09 deposed to by Mercy Omage, a legal practitioner.
The Applicant in response filed a reply Affidavit on 4/11/09. On the directive of this court to…