TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the High court of Justice, Rivers State holding at Port Harcourt in its appellate jurisdiction, Coram A.W. Jumbo (J) delivered on the 21/02/2006 refusing to re-list a suit which was struck out for about two years before the application to re-list same was brought in the lower Court.
By a Notice of Preliminary Objection dated 10/09/2004, the Plaintiffs/Respondents/Applicants herein expressed their intention of raising objections to the re-listing of the struck out appeal and/or amendment of the same based on the grounds of jurisdiction and irregular procedure adopted thereby on the following grounds:
"(a) The Honourable Court lacks jurisdiction to entertain the said relistment/amendment application as the Appellants in this case lack the locus standi to prosecute the appeal in suit No. OHC/1A/2000.
(b) The said Appeal No. OHC/1A/2000 sought to be relisted is incompetent and ought to be d…