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MR. KINGSLEY AMADI & ANOR V. ENG. ANTHONY EBODAGHE

(2020) JELR 91890 (CA)

Court of Appeal  •  CA/PH/304M/2016  •  10 Sep 2020  •  Nigeria

Coram
I. M. M. SAULAWA, JCA ISAIAH OLUFEMI AKEJU, JCA TUNDE OYEBAMIJI AWOTOYE, JCA

Appearances
Minikwu Esq. for the Appellants; Nnamdi Ani Esq. for the Respondent.

Judgement


ISAIAH OLUFEMI AKEJU, JCA: By the motion on notice filed on 14/6/16, the Appellants/Applicants sought the following orders;

1. AN ORDER for extension of time within which to apply to set aside the ruling/decision of this Honourable Court made on the 26th day of May, 2015 dismissing Appeal No. CA/PH/428/2014 for want of diligent prosecution.

2. AN ORDER to set aside the ruling/decision of this Honourable Court made on the 26th of May 2015 dismissing Appeal No. CA/PH/428/2014 for want of diligent prosecution.

3. AN ORDER to restore Appeal No. CA/PH/428/2014 back to the court’s cause list.

4. AND for such further order(s) as the Honourable Court may deem fit to make in the circumstance.

The grounds upon which the application is brought are as follows:

a. That the Respondent filed an application dated the 23rd of October, 2014 to dismiss Appeal No. CA/PH/428/2014 for want of diligent prosecution.

b. That the Applicant on the 25th of May 2015, filed at the Registry of this Honourable Court…

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