KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Rivers State; Port Harcourt Judicial Division (the lower court) delivered on 9th December 2003 dismissing the plaintiffs (appellant's) suit for want of diligent prosecution.
The appellant herein, as plaintiff, instituted an action against the respondent before the lower court by a writ of summons filed on 25/9/01. He subsequently filed a statement of claim on 10/7/02. In paragraph 16 thereof, he sought the following reliefs:
1. An order of perpetual injunction restraining the defendant either acting by itself or through its servants, agents or privies from entering, constructing, planting or trespassing into the land in dispute lying and situate by the side of the defendant/respondent's fence called "Open Space" directly between the two fence wall Banham Methodist Church and Central Police Station along Banham Street by Aggrey Road, Port Harcour…