UKPE OREWERE & ORS. V. REV. MOSES ABIEGBE & ORS.

T. O. ELIAS, C.J.N. (Delivering the Leading Ruling): This is an application by way of Motion of Notice under Order 7 rules 3 and 37 for an order of this Court for leave to appeal against the decision of the High Court of Justice, Mid-Western State held at Ughelli and delivered on 30th March, 1973 and for such further or other orders as this Court may deem fit to make.

It would appear that, on the failure of the plaintiffs/applicants to appear before Mr. Justice R.A.I. Ogbobine on 20th December, 1972 as had been previously fixed when all the parties were present in court on 28th November, 1972, Mr. Justice Ogbobine gave a ruling, the relevant portion of which reads as follows:

"I may also note that the absence of Dr. Odje and Mr. Amrovhe who have always appeared for the plaintiffs in this case is an act of disrespect to this court, but I have not allowed that issue to influence my discretion at all in dismissing rather than striking out the suit. The defendants cannot have this case ha…