EKPETO
V.
WANOGHO

KALGO JSC: (Delivering the Lead Judgment): This appeal arose out of a protracted land case between the parties in the Delta State High Court. The appellants were the plaintiffs at the trial. At the end of the trial, the learned trial Judge dismissed the case of the appellants in its entirety on the 7th of June, 1994. They appealed to the Court of Appeal, Benin City, vide a notice of appeal which was filed on 4th of July, 1994. By a letter dated 18th of March 1999, signed by A. O. Olisa, Senior Registrar of the Delta State High Court the certified true record of proceedings and the exhibits in the case were forwarded to the Court of Appeal, Benin City and both the appellants and the respondents received copies of their record of A appeal through their respective counsel. This fact was not in dispute between the parties. On the 30th of June 1999, the respondents filed a motion in the Court of Appeal praying the court to dismiss the appellant’s appeal “for want of diligent prosecution …