OKAFOR
V.
U.B.N

THOMAS JCA (Delivering the Lead Ruling): The plaintiff/appellant/ applicant instituted at the lower court suit No. HU/138/88 and as can be gleaned from both parties and the lower trial court, the suit suffered unnecessary general delays at the instance of the applicant. On 13th May, 2004, the respondent was in court with his counsel while the present applicant and hiscounsel were absent. Learnedcounsel for the respondent then applied that the matter be dismissed in the absence of both plaintiff and his counsel. Learned trial Judge considered and said the following: “Before me the plaintiff has consistently been absent leading to the case beingstruck out on 29th March, 2004. When the suit was re-listed on 19th April, 2004 the plaintiff was not in court and so hearingcould not commence and it was adjourned to today for hearing at the instance of the plaintiff’s counsel. He is not in court today with the plaintiff and no reason is given for their absence, counsel did not also write. …