OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondent before the High Court of the defunct Bendel State sitting in Asaba claiming title to a piece of land. The writ of summons was dated 7th day of May, 1985. Pleadings were filed by both parties and hearing commenced before Naidoh J. on the 12th of February, 1988 when P.W. l Thompson K. Kpeji gave evidence. Therefore the case suffered numerous adjournments until 1990 when it was transferred to to Eda J. for hearing. Before him, the case continued to suffer more adjournments mostly at the instance of the appellants. On the 2nd day of October, 1990 the parties and their counsel were before the trial court and pages 82 to 83 of the printed record contain what transpired on that day as reproduced hereunder:-
"A/24/85: Obi Utulu and 2 Ors. - Plaintiffs.
And
Obi (prof.) Chike Onwuachi and Anor- Defendants.
3rd plaintiff present, 1st Defendant also present.
1st plaintiff reported dead. Others absent. R.I.I. Ogbebor
wit…