RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The applicant was the appellant in appeal no. CA/L/105/2002 in which the respondents to this application were also respondents. At the hearing of the appeal, the appellant elected to withdraw his appeal on 15th March 2006. Upon the withdrawal of the said appeal this court made an order striking out the suit at the trial court for want of jurisdiction.
On 1st April 2009 the applicant filed this application praying this court as follows:
"1(A) AN ORDER of the honourable court setting aside the consequential order of 15/3/2006 which reads: "THE APPELLANT'S CLAIM IN THE COURT BELOW IS STRUCK-OUT" which order is nullity for lack of jurisdiction by virtue of section 240 of the 1999 Constitution of Nigeria and section 16 of the Court of Appeal Act, 1976 and Section 22 (2) of the Federal High Court Act, Cap. 134 laws of Federation of Nigeria, 1990 and order 41 of the court of Appeal Rules, 2007.
ON IN THE ALTERNATIVE
1 (B) AN ORDER of …