EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): At the instance of the Respondent herein as plaintiff, a writ of summons was issued on 9/4/2002 commencing suit No 0/202/2002 in the Anambra State High Court in the Onitsha Judicial Division, against the Appellant herein as the Defendant.
Both parties filed and exchanged pleadings, namely, statement of claim and statement of defence. The Plaintiff testified as PW1 in support of his statement of claim and closed his evidence without the defence cross-examining him. Following attempts to settle the dispute, the case was in the presence of counsel to both sides and at the instance of the Plaintiff, adjourned to 21/7/2006 for Defence. On that day, the Defendant and its Counsel were absent and sent a letter dated 17/7/2006 to the administrative judge of the Trial Court applying for the suit to be transferred from Court Room No 5 of the Trial Court to another Judge, on the basis of allegations of real likelihood of bias on the…