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KUDIRAT M. O. KEKERE-EKUN,J.C.A. (Delivering the Leading Ruling): This is a motion on notice dated and filed on 21st October 2011 on behalf of the appellant/applicant seeking an order setting aside the order of this court made on 30th June 2009 dismissing Appeal No. CA/B/30/2004: JOSEPH AYANTUYI and ORS V. GOVT. OF ONDO STATE and ORS pursuant to a Notice of Discontinuance filed on 23/6/09 on behalf of the appellants and a motion on notice dated 25/6/09 filed on behalf of the 4th respondent (6th respondent in this application). The applicant also seeks an order relisting the appeal and an order of injunction restraining the respondents by themselves, their servants, agents or privies from ejecting, disturbing, harassing, embarrassing and/or threatening the applicant over the land in dispute pending the hearing and determination of the appeal on its merits.
The application is brought pursuant to Sections 36 (1), 241 (1) and 243 (a) of the 1999 Constitution; Section 15 of the Court of Ap…