AWODI & ORS
V.
KAGORO

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellants in the High Court of Justice Kafanchan for a declaration of title to a piece of farmland in Zikpak Village, Kafanchan. The parties exchanged pleadings. The matter went into trial and suffered series of adjournments largely at the instance of the appellants and their counsel. The respondent called seven witnesses and on the 12th day of January 1994 the matter was adjourned to the 21st of January 1994 for the inspection of the land. The inspection did not take place on the 21st of January 1994 and no reason was given in the record why that date was not kept. From the record of appeal the inspection took place on the 25th of January 1994. The appellants and their counsel were absent while the respondent and his counsel were present. There was a note by the court that the defendants were absent though served to be present. The inspection was carried out and without the respondent formally closing his case …