David John Chia & Anor. V. Philip Bem Gbe & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment)

This is a motion on notice brought pursuant to Order 17 Rule 10 of the Court of Appeal Rules, 2007 and under the inherent jurisdiction of this Court praying for the following orders:

(1) AN ORDER striking out the Amended Notice of Appeal filed by the Appellants on 10th April, 2008.

(2) AN ORDER striking out the Appellants’ Brief of Argument filed on 10th April, 2008.

(3) AN ORDER dismissing Appeal No. CA/J/EP/HA/61/08 for want of diligent prosecution.

(4) Such further orders the Honourable Court may deem fit to make in the circumstances of the case.

The grounds upon which this application is brought are as follows:

(1) The Appellants were served with the Record of Proceedings in respect of this appeal on the 31st day of January, 2008.

(2) By the provision of the Court of Appeal (Practice Direction No. 2 of 2007) Rules, the Appellants are expected to file their Brief of Argument within ten days of being served with the Record of Proceedings.

(3) The ten days period within which the Appellants are expected to file their Brief of Argument has lapsed and the Appellants are yet to file their brief.

(4) The Appellants without leave of Court filed an Amended Notice of Appeal on 10th April, 2008.

(5) The Appellants also filed a Brief of Argument on 10th April, 2008 without leave of court.

(6) Leave was granted the appellants on the 8th day of July, 2009 to file Additional Grounds of Appeal within fourteen days.

(7) The fourteen days granted the Appellants on the 8th day of July, 2009 lapsed on 22nd July, 2009 and the Appellants are, yet to file their additional grounds of appeal.