IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling): The Appellant brought this application dated 9th of November, 2020 and filed on the 10th of November, 2020 pursuant to Order 20 Rule 11 and Order 21 Rule 2 of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Honourable Court praying for the following Reliefs:-
“(a) An Order of this Honourable Court re-listing the appeal in Appeal NO.CA/MK/108/2017 which appeal was struck out on the 18th January, for failure to file Brief of Argument.
(b) Any other or further Orders as this Honourable Court may deem fit to make in this circumstance.”
The Appellant/Applicant’s application was predicated on the following Grounds to wit:-
“1. That the Applicant’s Appeal No.CA/MK/108/2017 was not heard on the merit prior to being struck out for lack of diligent prosecution.
2. That the fault was not that of the Appellant but failure to obtain Additional Record of Appeal from the lower Court.
3. That the Appellant and Counsel cou…