UCHECHUKWU ONYEMENAM, J.C.A (Delivering the Leading Judgment): The appellant has brought this appeal against the decision of the High Court of Justice Benue State sitting at Makurdi delivered on 24th day of October, 2003. The decision of the said high court dismissed Motion No. MHC/938M/2002 seeking to relist Suit No. MHC/288/95 struck out on 15/10/2001. The appellant filed notice and grounds of appeal dated 21/11/2003.
The brief facts are as follows:
The appellant a public limited company instituted legal action against the respondents on 12th day of December, 1995 on the undefended list -
Suit No. MHC/288/95. The respondents filed their memorandum of appearance on 9/1/96 followed by notice of intention to defend the suit on 10/1/96. On 22/11/96 the appellant filed a statement of claim but the record does not show that the respondents filed any defence.
Between the institution of Suit No. MHC/288/95 in December 1995 and 24/10/2003 when the trial court dismissed Motion No.MHC/938M/200…