USHIE
V.
AGBALU

OTISI JCA (Delivering the Lead Judgment): This is an appeal against the judgment and findings of the High Court of Cross River State, sitting at Bekwarra.

The facts leading to this appeal are, in summary, as follows: suit No. BDC/11/2007 was commenced in the Bekwarra District Court, Abuochiche against the appellants as defendants, seeking inter alia, a declaration of title to certain parcel of land. At the hearing, fears of bias caused the plaintiff to apply to the Ogoja Chief Magistrates’ Court in suit No. MOG/MISC 14/2007 for a transfer to any other District Court or High Court in the interest of justice. Upon grant of the Order, the matter was transferred to Ukpah District Court. The suit now became suit No. BDC/11/2007 and suit No. UDC/8/2008. The matter, part heard, was struck out on 3 April 2008 for want of diligent prosecution. The matter was not relisted before the death of Chief Charles Odah, who was the plaintiff at the time. The respondent, who is of the same family as la…