YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court delivered by HON. JUSTICE K. O. ALOGBA on the 12th October, 2009 relisting the suit earlier struck out. The Appellant dissatisfied with the ruling filed a Notice of Appeal dated 16th of October, 2009 and filed on the 26/10/2009 setting out 3 grounds of Appeal.
The facts relevant to this appeal are that the Respondent initiated a suit for recovery of debt against the Appellants and sometimes during the proceedings particularly after the close of the case for the Respondent, steps were taken by the parties towards amicable settlement which necessitated the adjournment of the suit to allow parties explore amicable settlement. When no report was made the Court struck out the claim and the Respondent filed several applications which were struck out before the application relevant to this appeal was heard and granted to relist the claim earlier struck out.
The App…