J. A. FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division ("the court below" for short) delivered on 18th November, 2002.
On 8th September, 2000, Holloway, J. of the High court of Justice, Lagos state dismissed the appellants claim vide order 33 Rule 3 of the Rules of the court. When the matter was called for trial, the appellant was absent and not represented without any reason given to the court. The 2nd respondent was allowed to prove the counter-claim. Learned counsel for the appellant, on the same date, showed up in court and participated in the proceedings and secured an adjournment to cross-examine D.W.1.
The appellant's counsel thereafter filed an application seeking to set aside the dismissal of the appellant's claim. The learned trial Judge heard the application and dismissed it on 18th October, 2000. The appellant filed a Notice of Appeal dated 24th October, 2000 against the refusal of its applicati…