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ZHAO JIANAN & ANOR v. MA'AJI MAIRIGA

(2016) JELR 41713 (CA)

Court of Appeal  •  CA/A/819/2015(R)  •  20 Jul 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA JOSEPH EYO EKANEM JCA MOHAMMED MUSTAPHA JCA

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Lead Ruling): This application was brought pursuant to Orders 18 Rules 2 and 10(1) and 8 Rule 11(a) of the Court of Appeal Rules 2011 and the inherent jurisdiction of this Court.

It is for an order of this Court dismissing this appeal for lack of diligent prosecution and such orders as the Court may deem fit to make in the circumstances.

The grounds for the application are:

1. The Appellants are not diligent in the prosecution of the appeal as they have failed/neglected to file their Briefs of Argument within the time provided for under Order 18 Rule of the Court of Appeal Rules, 2011.

2. The Appellants are not diligent in the prosecution of this appeal as they have not deposited any sum as required by Order 8 Rule 11 for the due prosecution of the appeal.

The application is supported by an 11 paragraphs affidavit deposed to by Abdulkareem Taiye Ibrahim with a letter that accompanied the compiled records of appeal dated 31st December, 2015 attached…

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