SOTONYE DENTON WEST, J.C.A (Delivering the Leading Judgment): On the 29th day of June 2008, the Honourable Justice S.D. Kawu of the Kwara State High Court of Justice, delivered a judgment which was in favour of the Respondent and being dissatisfied with this judgment, the Appellants appealed to this court to set aside the judgment of the lower court and allow the appeal.
When the appeal came up for hearing on 6th April 2009, the Appellants and their counsel, I.A Adeniyi Esq., were conspicuously absent from the Court without permission. They have also been duly served and are aware of this date. They were present in court when the appeal was fixed for hearing on the last adjourned date.
The Respondent's counsel J.O Ashaolu Esq., urged the court to proceed with the appeal as it is not fair for the Appellants' counsel not to appear again in court considering that the Respondent had to file a motion before they proceeded to file their brief of argument. He therefore urged that the appeal …