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NDUBUISI WOMANDA & ORS v. ELDER OWHONDA CHINWO & ORS

(2011) JELR 33425 (CA)

Court of Appeal  •  CA/PH/81M/2011  •  17 May 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

M. DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): On the 17th day of February 2011, the respondents in the instant application, pursuant to their application dated 12th but filed on the 25th January 2011, prayed this court for an order dismissing the applicants, appeal for want of prosecution. The grounds on which the application was brought were:

"(i) That the time limited by the rules of this Honourable court for the filing of the appellants briefs of argument had since elapsed.

(ii) The Judgment/Debtor/Appellants have failed and refused to file the Appellants Brief of Argument in breach of order 17 rule 2 of the rules of this court 2007.

(iii) The Judgment Debtor/Appellants are not willing to prosecute this appeal."

In paragraphs 3 to 6 0f the affidavit in support of that application Elder owhonda chinwo the first applicant therein, who is the 1st respondent in the application to which this ruling relates, avers that applicants who are dissatisfied with the lower court'…

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