<p>RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The appellant in this appeal died and was buried on 4th September 2015. Before his death the parties had exchanged briefs of argument. The applicant on 21-9-15 brought an application before the Court seeking to substitute the deceased appellant. He withdrew the said motion on 18-10-16. On the same date the Court struck out the appeal pursuant to Order 15 Rule 3 of the Court of Appeal Rule 2011. On 23-11-2016 the applicant filed this motion seeking:</p><p>1. An Order substituting the Applicant in the place of the Appellant who is deceased.</p><p>2. An order restoring/relisting on the hearing list Appeal No. CA/OW/223/2012 GODWIN UMEH V. CLEMENTINA UMEH and 2 ORS. Struck out from cause/hearing list on 18/10/2016 because of the death of the appellant.</p><p>In support he filed his affidavit in wherein he claimed to be the eldest son of the deceased appellant; the dispute is related to land and survives the appellant and that the Respondents will not b…</p>