HARCOURT CHIORLU BAGSHAW CHIORLU JOHN CHIORLU (FOR THEMSELVES AND AS REPRESENTING THE CHIORLU FAMILY OF RUMUEROLU RUMUOKWUTA) V. PHILIP AKANI EMENIKE AKANI GODWIN AKANI MORCAN AKANI (FOR THEMSELVES AND AS REPRESENTING THE AKANI FAMILY OF RUMUAGANOLU RUMUOKWUTA)

OGEBE, JCA (DELIVERING THE LEADING JUDGMENT): The respondents sued the appellants in the High Court of Rivers State, Port Harcourt, claiming a piece of land as far back as April, 1993. The respondents closed their case and the appellants were to open their defence but many things went wrong and the trial court closed their defence because they were not available to enter upon their defence.

In a motion filed on the 30th June, 1998, the appellants sought from the lower court the following reliefs:

“1. Discharging the order foreclosing the defendants from opening their defence.

2. To set aside the proceedings from 6/5/98 when the plaintiffs’ counsel started addressing court until 16/6/98 when the suit was adjourned to 27/7/98 for judgment.

3. A further order that defendants be allowed to defend this suit by calling evidence.

4. And for such order and other orders as this Honourable Court may deem fit to make in the circumstance.”

This motion was taken and dismissed by the lower court and t…