<p><strong> DANIEL-KALIO JCA (Delivering the Lead Judgment): </strong> This appeal is in respect of an order made by R. N. Ofili-Ajumogobia J. on 13 March 2012. The learned trial judge had earlier on 1 April 2011 to be precise, delivered ruling wherein an originating summons dated 8 March 2011 was dismissed.</p><p>After the dismissal of the said originating summons, the trial judge went on to order that the parties should file their pleadings. After going through the order of the trial judge of 13 March 2012 against the background of the earlier ruling and the fact that the appellant was not served with a hearing notice before the ruling, the appellant felt totally dissatisfied with the ruling of the lower courtdismissing the suit for want of diligent prosecution. He therefore filed a notice of appeal on 8 May 2012. The only ground of appeal and the particulars of the ground are as follows: <em> Ground of appeal </em></p><p>The trial court erred in law in entering an order of dismissal of suit No. FHC/AB/CS/14/2011 on 13 March…</p>