MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal is on the ruling of a Sokoto State High Court of Justice sitting as an appeal court on appeal No. SS/58A/84. On the 17th day of March, 1994 the appeal was called for hearing. The appellant was absent. It was indicated that the appellant was served with hearing notice. Accordingly, learned counsel for the respondent made an oral application that the appeal be struck out as the appellant was no longer interested in the appeal. The lower court granted the application and struck out the appeal. This appeal is as a result of that striking out order.
Brief facts on the appeal, from the record, show that the Upper Area Court No. II Sokoto (trial court) received a directive vide letter No. S/JACD/3/V1/173 of 24/2/84 from the Area Court Division, Sokoto, for a retrial of the case between the parties. The claim before the trial court was that the respondents as plaintiffs claimed against the appellant as defendant that they were en…