ONU, J.S.C. (Delivering the Leading Judgment): This appeal emanates from the Ruling delivered by the Court of Appeal. Jos Division on April 27, 1988 (Coram: Maidama and Mukhtar, J.C.A. as well as Adio, J.C.A. as he then was) when it dismissed the appellant's appeal acting pursuant to Order 6 Rule 10 Court of Appeal Rules, 1981 as amended in the words following:-
"The appellant was served with the motion papers. He is not in court this morning. No reason was given for his absence. Application is therefore granted. Appeal is hereby dismissed with one Hundred Naira cost."
A resume of the facts of the case may be briefly stated as follows:-
The appellant as plaintiff had in the Benue State High Court sitting at Makurdi sued the respondent, then defendant, for, inter alia, the following reliefs:-
"1. Specific performance by the defendant of the written agreement made on the 28th day of December, 1984, conveying part of building and premises at No.16 Bank Road, Makurdi, to the plaintiff, wi…