KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 9th of November, 1987, the Court of Appeal Division, Benin City, on the application of the respondent, pursuant to Order 3 rule 25, Court of Appeal Rules 1981 dismissed the Appeal of the appellants for want of diligent prosecution. Appellant has, with leave of this court, appealed to this court against the decision. The Court of Appeal had earlier refused appellant leave to appeal.
The facts of this case are not in dispute. Appellant was the plaintiff in the High Court. On the 3rd April, 1980, appellant brought an action against the respondent, as defendant seeking (i) Declaration of title to land, (ii) perpetual injunction (iii) N750 damages for trespass and (iv) possession. On the 3rd of May, 1982, J.A.P. Oki J of the High Court of Bendel State, in a considered judgment dismissed plaintiff's claims in its entirety. Plaintiff filed notice of appeal against the judgment of the High Court, on the 31st day of May, 1982.
The …