UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Oyo State (hereinafter referred to as the lower Court) in SUIT NO. I/820/2008: SUNSHINE OIL and CHEMICAL DEVELOPMENT CO. LTD v. ACCESS BANK PLC delivered on 18th February 2016. By an application filed on 26th January 2016, the Appellant herein, as Defendant before the lower Court, sought for the following orders:
1. An Order of this Honourable Court setting aside the order made by the Court on 19th January, 2016 fixing this suit for trial on the 28th and 29th January, 2016 and 3rd February, 2016 respectively.
2. An order of this Honourable Court dismissing this suit for failure of the Claimant/Respondent to comply with the mandatory provisions of Order 25 Rule 1(1) of the Rules of this Honourable Court.
At the hearing of the application, the Appellant abandoned prayer one of the application and the same was struck out. After considering the second prayer, the lower …