MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/Ruling of Hon. Justice E. F. F. Obot sitting at the High Court of Akwa Ibom State Uyo judicial Division delivered on the 24th day of June 2013 in Suit No. HU/MISC.36/2012. The said Suit No. HU/MISC/.36/2012 is an application by the Respondent Applicant consequent on the pre-trial default judgment in favour of the Appellants in Suit No. HU/250/2008 where Hon. Justice Eno H. Isangedighi of the High Court of Akwa Ibom State entered judgment in favour of the appellants who were Defendants in Suit No. HU/250/2008.
The facts are that Suit No. HU/250/2008 was slated for the continuation of pre-trial conference on the 17th January 2012, but the Court did not sit on that date. Respondent's counsel therefore took the 21st of February, 2012 which was one of the dates suggested to counsel by the clerk of Court. After the Plaintiff's Respondent's counsel left the court, the Appellants Defendants…