JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 11.3.2010, and filed on the same date, the applicants prayed for:
"An order setting aside the order dismissing this appeal and restoring on the Appeal List, Appeal No: CA/I/158/2008, Mrs. Folashade Omolara and Ors. v. Mr. Ayinde Oladele and Ors which was dismissed on the 4th day of June, 2009 for want of diligent prosecution.
And for such further or other orders as Honourable court may deem fit to make in circumstances of this case."
Mr. Emehin of learned counsel for the applicants relied on an affidavit of 21 paragraphs deposed to by one Gbemisola Agbaje, a litigation clerk in his law office, to submit in support of the application that his ill-health disclosed in Exhibit 'A', the medical certificate, attached to the motion paper caused his absence in court which resulted to the dismissal of the appeal for want of diligent prosecution by this court on 4.6.2009. He placed particular emphasis on p…