MR. OLASUNKANMI ERINFOLAMI & ANOR V. SOCIETIES GENERAL BANK NIG. LTD

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is appeal against the Ruling of the High Court of Justice Ilorin Kwara State which was delivered by Elelu- Habeeb J. on the 4th day of May, 2006, whereby his Lordship dismissed the plaintiffs/Appellant's Suit for want of diligent prosecution. Not satisfied with the ruling of the lower court, the Appellant with leave of this Honourable Court filed his Notice of Appeal containing three Grounds on the 17th day of October, 2007. For purposes of this judgment the Grounds of Appeal are reproduced hereunder as follows:-

GROUND 1:-

"The learned trial Judge erred in law in dismissing the appellant's Suit even when the appellant's Counsel was present in court."

PARTICULARS OF ERROR IN LAW:-

i. The plaintiff's evidence and those of his witnesses had not been completed before Han. Justice Olagunju, J. (as he then was) before he was elevated to the Court of Appeal.

ii. The plaintiff's father who had earlier given his evidence died…