AKPABIO, J.C.A. (Delivering the Leading Judgment): This was an appeal against a Ruling of Ibidapo Obe, J., of Oyo State High Court, holden at Oyo in Suit No. HOY/58/86 delivered on 10th July, 1987, in which he dismissed the plaintiffs claim with N500.00 costs without going into the merits of the case merely because on the date fixed for hearing, the plaintiff could not proceed with his case, but asked for adjournment instead, for reasons made known to the court.
The case was a land matter, the facts of which are not necessary to be stated here as they were never looked into by the learned Trial Judge. The important thing is that after some preliminary skirmishes about interim injunctions etc. pleadings had finally been filed on both sides, together with survey plans. The case was then fixed for hearing on the 19th day of June, 1987. However on the said date, Mr. Layi Afolabi who appeared as the learned counsel for the plaintiff did not open his case as was expected. Instead the followi…