JOHN C. ONUORA V. CHINEDUM OFOMATA

AYOBODE OLUJIMI LOKULO-SODIPE J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 1/3/2005 by the Federal High Court, Enugu Judicial Division (hereafter simply referred to as "the lower court"), presided over by Hon. Justice A.A.B. Gumel (as he then was, and hereafter simply referred to as "the learned trial Judge"). The learned trial Judge in the ruling appealed against struck out the case before him for want of diligent prosecution.

The facts of the case as gathered from the record of appeal briefly stated are that the Respondent/Cross-Appellant (hereafter simply referred to as "the Respondent") as the Plaintiff before the lower court by a Claim dated 15/9/1997 and filed on 18/9/1997 claimed against the Appellant/Cross-Respondent (hereafter simply referred to as "the Appellant") and one other person, jointly and severally for the following reliefs:-

"(a) The sum of ₦5,000,000.00 (five million naira) being damages for copying, plagiarizing or publ…