SUNDAY AKINOLA AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellants were the defendants, while the respondent was the plaintiff in this action, which was instituted at lbadan High Court as Suit No. I/1029/90. The plaintiff's claim in the suit was for a number of declarations, and injunction in respect of a building on Plot 4, Block 'F', Eruomu Layout, Ife Road, Ibadan, otherwise referred to as No. 18, Rabiu Adeyemo Street, Oko-Ibadan, Ibadan. Pleadings were filed and exchanged and the trial commenced before Adekola, C.J. The plaintiff opened his case and called some witnesses. Thereafter, further hearing in the case had to be adjourned a number of times. This was the position on 20th January, 1998, when the case again came up before the learned Chief Judge for continuation of the trial.
The plaintiff and his counsel were, however, absent on that day. Mr. Olugbenga Aluko, learned Counsel for the defendants urged the court to dismiss the case for want of prosecution. The r…