STIRLING CIVIL ENGINEERING NIGERIA LIMITED V. FIDELITY BANK PLC

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Lead Ruling): The Appellant, as the Applicant, filed before this Court on the 19th of December, 2011, a motion on notice dated the 14th of December, 2011 praying for an order setting aside the order of this Court made on the 9th of February, 2011 dismissing its appeal for failure to file a brief of argument within time. The application was predicated on nine grounds and these were stated on the face of the motion paper.

The application was supported by an affidavit of five paragraphs with several sub-paragraphs deposed to on the 19th of December, 2011 and it had exhibits attached.

The Appellant also filed a further affidavit in support of the application and it consisted of five paragraphs with several sub-paragraphs and it was deposed to on the 16th of January, 2013 and had one exhibit attached. The Respondent reacted to the application by a counter affidavit of six paragraphs with several sub-paragraphs and it was deposed to on …