CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The 1st Respondent herein as the Applicant at the trial Court had brought an application against the Appellant herein as the 1st Respondent at the High Court of Justice, Calabar Division, presided over by Michael Edem, J. On the 25/9/14, the learned trial Judge set aside his own Ruling delivered on the 9th of June, 2014.
SUMMARY OF FACTS:
The trial Court had on the 9th of June, 2014, dismissed suit No. HC/MSC/34/13 on the ground that it was an abuse of Court process in respect of Suit No. HC/MSC/156/13.
Consequent upon the Ruling of the 9/6/14, the 1st Respondent filed an application in the same Court through another counsel to set aside the said Ruling of the 9/6/14.
Thereafter, the 1st Respondent's new counsel filed a motion for change of counsel. The Appellant filed a counter affidavit with a written address opposing the motion to set aside the Ruling of 9/6/14.
While the motion for change of counsel was still pending,…