<p>TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Rivers State delivered by C.T. Uriri (J) on the 28th of May, 2001 wherein the learned trial Judge refused to re-list an appeal No. BHC/2A/96 which was struck out on the 17th of October, 2000 for want of jurisdiction. The motion itself was filed on 19th day of October, 2000. </p><p> The facts of the case as can be gleaned from the proceedings of the lower Court are that: The Appellants herein were the Defendants whilst the Respondents were the Plaintiffs in suit No. CCB/94 filed in the Customary Court of Babbe in Khana Local Government Area of the State. Judgment was delivered by that Court on the 8th day of November, 1995, in which the Respondents herein were awarded ownership, &quot;damages for trespass and forcibly (sic) entry on Plaintiffs&quot; farmlands and swamps situate at Wii-ke-nzo bori and wii laguna.&quot; An order of perpetual injunction restraining further trespass wa…</p>