ARIKE & ANOR
V.
OLOWOPAPA & ANOR
C.M. CHUKWUMA-ENEH, J.C.A (Delivering the leading Judgment): This appeal is against the Ruling of Akande J. of the High Court of Lagos State given on 2nd of November, 1992 in respect of an application praying for an order to set aside the order of dismissal of the Plaintiffs' (Appellants) action for want of prosecution.
In the substantive suit the Plaintiffs (Appellants) claimed for declaration of entitlement to a Statutory Right of Occupancy to a parcel of land otherwise known as No. 11 Kumuyi Street, Mushin, Lagos as per the survey Plan attached to a Deed of Conveyance dated 19/6/96 and registered as instrument No.46/46/415 Lagos; N1, 000.00 damages for trespass and an injunction.
Pleadings were filed and exchanged between the parties. The matter was set down for hearing which had to be adjourned on two previous occasions before it came up on 15/11/92 again for hearing.
The record of the Court of that date i.e. at page 163 shows that Mr. M. J. Agboola holding Chief Talabi's brief ap…