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This is a ruling premised on an application brought before the Court of Appeal (the Court), wherein the Applicant/Respondent sought an order of the Court dismissing the appeal brought by the Appellant, on the ground that the present appeal has been overtaken by events and has become theoretical; an academic exercise and of no utilitarian value to the Appellant.
The Appellants who wished to enforce the judgment of the Federal High Court, which was also appealed against, and affirmed in their favour against the Respondent, by the Supreme Court, argued that the present appeal was distinct from the earlier appeal which the Respondent relied upon.
Upon consideration of issues and arguments put forth by parties, the Court unanimously dismissed the application.