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SUNDAY OLORUNFEMI & ANOR v. CHIEF ISAAC TAYE ADEROGBA

(2014) JELR 33332 (CA)

Court of Appeal  •  CA/B/276M/2008 (R)  •  4 Apr 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 20/3/2013 and filed on 22/3/2013, the Applicants prayed this Honourable Court for:

1. An extension of time within which to apply for an order restoring this suit on the cause list.

2. An order restoring this suit on the cause list which was struck out on 29/4/2010.

The grounds on which the application was brought are:

1. That the appeal was struck out on 29/4/2010

2. The Counsel formerly handling the matter did not attend to the matter diligently despite being paid his professional fee.

3. The Counsel did not inform the applicants that the matter had been struck out since 2010 yet collected fee from the applicants up till 2012.

4. The applicants were unaware of the position of their case until a notice of preliminary objection to which was attached the order of 29/4/2010 was served on them by the respondent.

The Application was supported by a 16 paragraph affidavit with two (2) Annexures Exhibits…

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