TOBI, JSC (Delivering the Lead Judgment): The matter in the High Court had to do with transaction in foreign currency in respect of outstanding payments for the supply of books, journals and/or periodicals. On 13th May, 1996, judgment was given in favour of the appellant by the trial Judge. The respondent filed an application for an order inter alia , to set aside the judgment of 13th May, 1996 on the ground that the court lacked jurisdiction to entertain the claim. The application was dismissed.
Dissatisfied with the ruling of the trial Judge, the respondent went to the Court of Appeal. As the respondent failed to file its brief of argument within time, the appellant filed an application to dismiss or strike out the appeal for want of diligent prosecution. The application was struck out. The respondent filed an application to re-list the appeal struck out on the ground that at the time the appeal was struck out, its counsel was in the Court of Appeal Registry filing its brief and …