PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Ruling of the High Court of Edo State delivered by Hon. Justice Edodo Eruaga on the 12th day of March, 2012 wherein the lower Court upheld the application to relist Suit No. B/811/2011 which had been dismissed for lack of diligent prosecution and proceeded to dismiss the preliminary objection of the Appellant.
The suit filed by the Respondent in the lower Court was struck out by the learned trial Judge on the 7th day of February, 2012 (see page 21 of the record of appeal). While the Respondents/Petitioners suit remained struck out, the Appellant herein filed a Notice of Petition for the Dissolution of Marriage against the Respondent in Suit No. HD/232/2012 at the Lagos State High Court.
On the 26th day of July, 2012, the High Court of Lagos State granted an interim injunction against the Respondent in this appeal and the suit was adjourned for hearing. The Respondent subsequently brought an appl…