<p>ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from Benue State High Court of Justice sitting in Makurdi wherein on 1.03.2001 Eko J. dismissed the plaintiff&#x27;s claim for want of prosecution and allowed the defendant to open their counter-claim.</p><p> The brief facts of the case leading to this appeal are that the appellant as plaintiff commenced action of the High Court of Justice Benue State claiming title to 3 fuel dispensing pumps, special and general damages. </p><p> The suit was commenced at the High Court of Justice of Benue State Sitting in Gboko, Hearing commenced in that Court and 13 exhibits were tendered. The coram of the court changed and the case started de novo before Honourable justice. Ikyegh who subsequently transferred the suit to the High Court of justice sitting at Makurdi.</p><p> On 17/10/2000, 1/12/2000 and 18/1/2001, the matter could not go on due to absence of appellant&#x27;s (plaintiffs) witnesses who are all outside Benue State. On 1/12/2000, the …</p>