OGUNBIYI JCA (Delivering the Lead Judgment): The respondent herein instituted an action in suit No. ID/2348/2001 at the lower court on 29 November 2001 vide a writ of summons dated 28 November 2001. The respondent later filed an amended statement of claim dated 24 February 2002 claiming, inter alia , a declaration of title to a plot of land at No. 2, Dele Ojo Street, Oko Oba Agege, Lagos.
The appellants in response thereto filed a 23 paragraphed statement of defence dated 7 March 2002. On 20 October 2006, the lower court struck out the suit for want of diligent prosecution. Forty-two (42) days after the suit was struck out, the respondent filed an application dated 8 December 2006 in which he sought an order relisting same. The application and the affidavit in support are contained at pages 13-16 of the record of appeal. In its ruling contained at pages 18 and 19 of the record and delivered on 25April 2007, the said lower court granted the respondent’s application dated 8 Decembe…