MAINSTREET BANK LTD. V. EDDY MOTORS NIGERIA LTD.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Lead Ruling): The party before the court which has described itself as appellant/applicant (but which will hereafter be simply referred to "the applicant") brought the instant motion dated 21/3/2012 and filed on the same date, under Order 7 Rules 1, 8 and 11 of the Court of Appeal Rules 2011; Section (sic) 6(6)(b) and 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Section 64 of the Evidence Act, 2011 ; and under the Inherent Jurisdiction of the Court of Appeal. The reliefs which the Applicant seeks in the motion (supra) as set out therein are:-

"(1) AN ORDER setting aside the entire proceedings in Appeal No.CA/E/234M/98 dated 30th day of September, 2002 - "the oral withdrawal of the said appeal (duly entered on 25th day of November 1998): and the dismissal of same, with a cost of N1000, by the Court of Appeal.

(2) AN ORDER restoring Appeal No.CA/E/234/93 on the cause list of the Honourable Court of App…