DR. AKHIBI ONOKEBHAGBE V. ALHAJI ALIYU ABUBAKAR

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Lead Ruling): The motion on notice prays for the dismissal of the appeal filed on 15-07-2011 for want of diligent prosecution on the ground that the appellant neglected to compile and transmit the record of appeal within the time stipulated by Order 8 Rule 1, 4 and 18 of the Court of Appeal Rules 2011 (the Rules of the Court, 2011). It is supported with an affidavit of 10 paragraphs which deposed in the main that since the filing of the notice of appeal on 15-07-2011, the appellant failed to compile and transmit the record of appeal occasioning the present application filed on 25-01-17.

Reliance was placed on Order 8 Rules 4 and 18 of the Rules of the Court 2011 for the prayer sought in the motion paper which stated that if the registrar of the Court below did not compile the record of appeal (the record) within 60 days after the filing of a notice of appeal it shall be mandatory for the appellant to compile and transmit the record of appe…