RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment):
The appellants are defendants and cross-claimants in Suit No.PLD/J540/94 pending at the Jos Division of the High Court of Plateau State. This matter had suffered long years of delay and had been placed before four different Judges some of who died without concluding the case. It also seems from the processes before the court that the respondent as plaintiff was picking and choosing particular judges to entertain his suit. It finally landed on the desk of Justice M. I. Sirajo who on the application of the plaintiff fixed the case for hearing on 8th April, 2009. On the said date both parties were represented in court. Mr. Zi of Counsel for the plaintiff applied for an adjournment on the ground that he was coming into the case for the first time and it was also coming before that court for the first time. The trial Judge refused. Mr. Zi then asked for a standing down for two hours. The application was granted. The court stood…