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LI LEWEI (ALIAS BEDE BEDE) & ANOR v. FRANCIS MICHAEL

(2016) JELR 41712 (CA)

Court of Appeal  •  CA/A/816/2015(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 is brought Pursuant to Orders 18 Rule 2, 10(1) and 8 Rule 11 (a) of the Court of Appeal Rules 2011 and the inherent jurisdiction of the Court.

It is for an order dismissing this appeal for lack of diligent prosecution, and such order or 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 file provided for under Order 18 Rule 2 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 a 12 paragraph affidavit deposed to by Abdulhakeem Taiye Ibrahim with Exhibit A the letter that accompanied the compilation of the record of appeal dated 31st December, 2…

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