WOBO WOKE & ANOR V. ISHMAEL OGOLOMA & ANOR

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of T.K. Osu (J) delivered on 21st February 2004 in suit No. PHC/97/83 dated at High Court of Justice, Port Harcourt. The ruling appealed against was the refusal of the trial judge to grant the appellants application for leave to relist and to hear the suit on its merit. The present appellants were the plaintiffs at the lower court while the respondents were the defendants. On 17th February, 2002, appellant's suit was dismissed for want of diligent prosecution because the appellants and their counsel were found of failing to appear on several adjourned dates. The suit was initiated by writ of summons which was filed on 2nd June, 1983. But as at 17th December, 2003, two previous judges, namely Hebron George (J) and V.M. Okor (J) could not make any progress before it was transferred to the trial judges. As at 17th December 2003, only the first witness for the appellants was being cross-examine…