ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Essang, J. in suit No. HU/219/92, delivered on 31/10/ 2000, at the Akwa Ibom State High Court, sitting at Uyo.
The appellant as plaintiff, sued the defendants now respondents claiming the sum of N309,650.58k (Three hundred and nine thousand, six hundred and fifty naira, fifty eight kobo) as the respondents’ indebtedness to it, with interest at the rate of 28% from 21-10-92 until the whole debt is liquidated. As borne by the records, on 28-10-98, the lower court entered judgment dismissing the suit of the appellant for want of diligent prosecution because of the absence of the plaintiff/appellant and their counsel. The plaintiff/appellant applied to the lower court on 27-7-99, praying for the following reliefs: “1. An order extending the time for the plaintiff/appellant to apply to set aside judgment delivered in suit No HU/219/92 on 28th October, 1998. 2. An order setting aside the judgment delivered…