BA'ABA, J.C.A. (Delivering the Lead Ruling): The present applicant was the plaintiff in suit No. A/73/88 in the Delta State High Court where Gbemudu, J. delivered judgment against the plaintiff on 28th May, 1992, dismissing all the reliefs claimed by the plaintiff.
Being dissatisfied with the said judgment, the plaintiff filed Notice of Appeal on 15th June, 1992. On 19th of June, 1999, the appeal was dismissed by this Court on the application of the defendant/respondent for want of prosecution.
The applicant has now brought this application, pursuant to Order 3 rule 20(4) of the Rules of this Court, praying for the relisting of this appeal which was struck out by this court on 9/6/99 for want of prosecution.
The application was supported by affidavit evidence of 14 paragraphs sworn by Chief Patrick A. Jideonwo, the applicant and a further affidavit evidence of 5 paragraphs sworn by Micheal Ikechukwu Gnachie, Legal Practitioner representing the applicant.
There is a Counter-Affidavit…