ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Appellant lodged this interlocutory appeal against the ruling of O.O. Femi Adeniyi, J. of the High Court of Lagos State, delivered on March 15th, 2017, wherein the motion on notice filed by the Appellant, seeking to relist his suit that was dismissed, was also dismissed.
The facts leading to the appeal can be summarized thus: The Appellant as claimant before the lower Court, brought this action against the Respondent as defendant (formerly Intercontinental Bank Plc) seeking redress against the Respondent, to which the Respondent filed a counter-claim. Upon failure of the Appellant to open his case after about two adjournments, the lower Court, on 14/12/2016, refused an application to adjourn the matter further but rather dismissed the Appellant’s claims, ordering the Respondent to prove its counter-claim. The Appellant brought an application to have his claims relisted for hearing. The lower Court, however, refused the …