RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff in suit no. A/216/2010 pending at the High Court of Abia State sitting at Aba. The 1st Respondent was the defendant in that suit. He counter-claimed. The appellant was so lackadaisical in handling his suit that the trial Court was constrained to strike out the suit first on 14th December 2011 and finally on 11th February 2013.
Dissatisfied with this judgment the appellant filed this appeal. From his seven grounds of appeal the appellant distilled four issues for determination to wit: -
1. Whether the Appellant was not denied of his right to fair hearing having regard to the fact of non-service of hearing notice on him after the conclusion of evidence of the 1st Respondent (Counter Claimant) in the absence of the Appellant, non-disclosure as borne out in the record of the Court of any return date after the evidence of the 1st Respondent for the cross examination of the witness by the Appellant,…