NGWUTA, J.C.A. (Delivering the Leading Judgment): The appellant herein, as plaintiff sued the respondent then defendant in the High Court, Calabar claiming as follows:-
“(1) N10M (ten Million Naira) only as damages for the breach of contract.
N2M (two Million Naira) only as damages for (2) defamation.
N1M (one Million Naira) only general and (3) exemplary.”
On 26/1/07 the appellant and his counsel were absent and upon the application of learned counsel for the respondent, the suit was dismissed pursuant to Order 37 Rule 8 of the High Court Rules of Cross River State.
On 7/2/07 the appellant filed a motion for an order to set aside the order dismissing the suit on 26/1/07.
After the argument of learned counsel for the appellant on 28/2/07, learned counsel for the respondent, in his reply said the application was not filed within 6 days of the order dismissing the suit and there being no prayer for extension of time to file the application, he urged the court to dismiss same.
Counsel for the a…