CHUKWUMA-ENEH JCA (Delivering the Lead Judgment): The appeal is against the decision of the Calabar Division of Cross River State High Court (Coram: Ekpe J.) in suit No. C/192/91 which in a well-considered ruling refused the application to relist this suit, the third of such applications made by the plaintiffs (appellants). The plaintiffs/ appellants have appealed the decision by a notice of appeal containing two grounds of appeal from which they have raised one issue in their appellants’ brief filed in this matter. The said sole issue for determination runs as follows: “whether the failure to relist this matter and renew the life of the writ of summons for hearing on merit was a judicial and judicious exercise of discretion by the trial court which did not occasion miscarriage of justice to the plaintiffs.” The 1st defendant (1st respondent) has filed in this case its 1strespondent briefs and has distilled two issues for determination as follows: “(a) whether the learned trial Judg…