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DR. (MRS) BOMO IVBIYARO (NEE FRANCIS) & ORS. V. MRS OMOKARO MONI FRANCIS (NEE OBIRE)

(2001) JELR 47481 (CA)

Court of Appeal  •  CA/PH/52M/97  •  3 Apr 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J. C. A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Rivers State High Court (D W. Okocha, J.), sitting at Port Harcourt, dismissing an application to re-list a suit dismissed for want of diligent prosecution. The appellants before us, were the plaintiffs before the court below. Hearing of the suit had started before D.W. Abbey-Kalio, J., with the evidence-in-chief of P.W.1. The witness had not been cross-examined as at 6/12/95, when the learned trial Judge dismissed the suit for want of diligent prosecution, because the plaintiffs and their counsel were absent from court and had been consistently, so absent a number of times before.

Counsel on behalf of the plaintiffs applied to the same High Court for an order re-listing the suit. The application came up for hearing before Okocha, J. Before her, the applicant's counsel, relying on the copious facts deposed to in the supporting affidavit, tried to explain why neither the applicants nor the…

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