CHIEF NICHOLAS BANNA V. TELEPOWER NIGERIA LTD

OGUNTADE JSC (Delivering the Lead Judgment): This appeal raises the issue of the extent of an appellate court to override the exercise of discretion by a trial court. It is not necessary for the purpose of the appeal to discuss or consider the nature of the claim brought before the trial court. It suffices to say that the respondent was the plaintiff at the Port-Harcourt High Court of Rivers State. It had brought the suit against the appellant as the defendant.

The suit was filed on 13/8/93. On the same day, the plaintiff filed an application for aninterlocutory injunctionin respect of some properties situate at Rumuodara, Obio in Obio/Akpor Local Government. On 5-5-94, after a period of nine months since the suit was filed, the plaintiff applied for and was granted extension of time to file its statement of claim. It would appear that the case was subsequently adjourned for hearing. The matter was adjournedfour times in successionfor hearingand on each ofthose occasions, the plainti…