CHRISTOPHER ONYEMEZE & ANOR V. INNOCENT OKOROAFOR

JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Imo State High Court sitting in Owerri in Suit No. HOW/170/77 delivered on 27th September, 2010 wherein the lower court struck out the application filed by the Appellants on 28/10/9 seeking the following reliefs:

"(a) Setting aside ex-debito justiciae the order of the Honourable court made on 30/6/09 relisting this Suit No. How/170/77 struck out on 20th day of June, 2005.

(b) Setting aside ex-debito justiciae all the proceedings that have taken place in this suit since 30/6/05."

The grounds upon which the reliefs were sought are:

a) That the defendants/applicants were denied fair hearing as the hearing notice for the relistment of the action that was struck out five years ago, was not served on them.

b) That an extraneous name was introduced into the matter by the court suo motu in place of the defendants without prior notice to them as there was no application for substitution by e…