ALI ALABA INT’L LTD & ANOR V. STERLING BANK PLC

RATIO DECIDENDI: 1. APPEAL - Failure to file brief of argument - Whether an appeal dismissed under the Court of Appeal Rules for failure of the appellant to file brief of argument can be relisted. 2. APPEAL - Application to strikeout an appeal - When Application to strikeout an appeal can be brought - Whether failure of the appellant to file brief of argument a sufficient ground to apply to strikeout an appeal. 3. APPEAL - Dismissal of appeal on ground of failure to file brief of argument - Finality of the dismissal order. 4. COURT - Rules of court - Need for the rules of court to be obeyed. 5. LEGAL PRACTITIONER, PRACTICE AND PROCEDURE - Mistake or error of counsel - When mistake or error of counsel can be visited on the litigant. 6. PRACTICE AND PROCEDURE - Functus officio - Whether Court of Appeal becomes functus officio after dismissal of an appeal on ground of failure to file brief of argument. 7. PRACTICE AND PROCEDURE - Right to speedy trial - Whether Right to speedy trial lies within the powers of litigants to compromise.
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