MACAULEY ISAAC & ORS V. OKEZIE NNA ONUOHA ONYEUKWU & ORS

3rd to 6th Respondents in Court.

C.C. Elele with him C.K. Anyanwu for Respondent/applicant

Mr. Elele: Moves his motion filed on 6th November, 2017 seeking a dismissal of the appeal for failure to compile and transmit the record of appeal says on 22-3-18 this Court heard an application filed on 2-2-18 for extension of time to compile and transmit record of appeal. Says the Court granted the appellant 30 days to compile and transmit the record of appeal and adjourned the hearing of this application until today. Says the appellants have neither compiled the record of appeal nor even appeared in Court today. Relies on all the paragraphs of the affidavit in support. Asks that the appeal be dismissed.

Mr. Chukwuma:- In reply says we have a counter affidavit deposed to on 16-2-18. We rely on all the paragraphs of the affidavit in support particularly paragraph 5. We urge the Court to refuse the application.

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The applicants were the defenda…