ALHAJI BASHIR ABUBAKAR KOKO V. ALHAJI DAN IGE HORO

MOHAMMED BABA IDRIS, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Sokoto Division of the Court of Appeal, in Appeal No. CA/S/45/2012 delivered on the 23rd day of January, 2014 Coram Justice Ahmad O. Belgore, Justice Tunde O. Awotoye and Justice James Shehu Abiriyi, wherein the Court dismissed the appeal for want of diligent prosecution. 

In its judgment delivered on the 5th day of May, 2011, the Trial Court dismissed the claim of the Appellant in favour of the Respondent. The Appellant as Plaintiff in Suit No. SS/48/2007 before the trial Court, claimed against the Defendant/Respondent for a declaration of title to a parcel of land among other reliefs. The trial Court dismissed the case of the Appellant for want of diligent prosecution. 

Dissatisfied with the decision of the trial Court, the Appellant appealed and the appeal was subsequently dismissed. The suit was filed on the 18th day of June, 2007 but was once struck out for lack of diligent pro…