JUDE OKOYE & ORS V. MR. PATRICK O. ARUEZE

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): This is a motion on notice filed on 27/03/2017 by the respondent/applicant seeking for an order dismissing the appeal filed on the 15th day of November, 2016 against a decision delivered on the 4th day of October, 2016 on the following grounds:-

1. That the Notice of Appeal was filed on 15th day of November, 2016.

2. That despite filing this Notice of appeal, the Appellants/Respondents have failed, neglected and or refused to compile the records of appeal and transmit same to this Honourable Court.

3. The Appellants/Respondents have abandoned the appeal.

The application has in its support an affidavit of 10 paragraphs and 2 exhibits Exhibits A and B.

On 15/05/2017, the motion on notice was moved. Learned counsel for the respondent/applicant relied on the application processes and urged the Court to grant it.

Learned counsel for the appellants/respondents agreed that they had not compiled the record of appeal in respect of th…