PHILIP OBIORA V. PAUL OSELE

OBASEKI, J.S.C. (Delivering the Leading Judgment): On the 1st day of November, 1988, I allowed this appeal after hearing counsel to the parties both on the written briefs and in oral argument, set aside the decision of the Court of Appeal and remitted the case to the Court of Appeal to hear and determine the appeal on its merits. I then reserved the Reasons for my judgment till today and I now proceed to give them.

The short point in this appeal is whether the judgment of the Court of Appeal wherein the appeal to the Court of Appeal was dismissed for want of prosecution can be sustained having regard to the fact that the Court of Appeal had heard in part oral argument from the appellant's counsel and had before it briefs of the appellant, the quality of the brief notwithstanding.

The appellant was plaintiff in suit No.PHC 350/81, he instituted against the respondent as defendant at the High Court of Rivers State in the Port Harcourt Judicial Division claiming:

(1) N20,160.00 as money …