BANK OF THE NORTH LTD. ALHAJI ADEKUNLE ABUBAKAR LAWAL V. C. T. AKPAJA

AKINTAN, JCA (Delivering the Lead Judgment): The appellants were the defendants while the respondent was the plaintiff in this action whichwas instituted at Ibadan High Court as suit No. 1/1029/90. The plaintiff’s claim in the suit was for a number of declarations, and injunction in respect of a building on Plot 4 Block ‘F’ Eruomu Layout, Ife Road, Ibadan otherwise referred to as No 18, Rabiu Adeyemo Street, Oko-Ibadan, Ibadan. Pleadings were filed and exchanged and the trial commenced before Adekola, C.J. The plaintiff opened hiscase and called come witnesses. Thereafter further hearing in the case had to be adjourned a number of times. This was the position on 20th January, 1998 when the case again came up before the learned Chief Judge for continuation of the trial. The plaintiff and his counsel were, however absent on that day. Mr. Olugbenga Aluko, learned counsel for the defendants urged the court todismiss the case for want of prosecution. The request was granted and the court…