<p><strong> OGAKWU JCA (Delivering the Lead Judgment): </strong> This is an appeal against the decision of the High Court of Delta State, delivered on 3 August 2006, wherein the plaintiff/appellant’s case was dismissed for lack of diligent prosecution. Dissatisfied with the said decision, the appellant appealed against the same on seven grounds of appeal. The ruling of the lowercourt is at pages 121 - 124 of the records, while the notice of appeal is at pages 125 - 129 of the records.</p><p>For purposes of clarity and ease of appreciation, I would briefly rehash the facts which led to this appeal. The appellant and the 1st respondent were contestants for the stool of Orodje of Okpe. The appellant, who alleged irregularity in the selection process instituted proceedings claiming <em> inter alia </em> , a declaration that the selection of the 1st defendant/ respondent was null and void and of no effect whatsoever. The action was filed at the Orerokpe Judicial Division of the High Court of Delta State. The facts disclose t…</p>