Augustine Nwangwu & Ors V. Prince Nwafor Austin Nwosu & Ors (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A. 

This is an appeal against the decision of Hon. Justice Celine Nweke delivered on the 26th of February 2009, at the High Court of Anambra State holden at Ekwulobia whereby she refused an application to set aside the order of Court made on the 8th of October 2007, which relisted Suit No. AG/117/05, (the subject matter of this Appeal) which had been struck out.

ANTECEDENT
The suit, the subject matter of this Appeal was instituted by Writ of Summons filed on the 3rd of November 2009.

The parties had filed their respective pleadings in support of the suit which commenced in September 2005, and in respect of the reliefs adumbrated in Paragraph 15 of the amended Statement of Claim, dated 18th January 2006.

Intervening issues sprung up that stalled the hearing of the case, and there were also moves by the parties to settle the matter out of Court.

The Plaintiffs had based on the belief that the moves for settlement was being made in good faith, and soft pedalled in the prosecution of this suit.

?J. H. C. Okolo (SAN) of Counsel for the Plaintiffs took ill, and

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had to travel out of, the country for medical treatment. He assigned this matter to Barrister M. N. Kalu.

The said M. N. Kalu, Esq. conceded to the Suit being struck out, which was struck out on the 2nd of July 2007.

By motion filed on the 3rd of November 2009, the Plaintiffs/Applicants sought relistment of the Suit struck out on the 2nd of July 2007 – Pages 51-56 of the Record of Appeal.

The Suit was relisted on the 8th of October 2007 – Page 57 of the Record of Appeal.

By motion filed on the 1st of September 2008 the 2nd set of Defendants/Applicants, sought an order of Court setting aside the order of Court made on the 8th of October 2007, relisting the Plaintiffs suit –
Pages 58 – 59 of the Record of appeal.

The application was refused on the 26th of February 2009 thereby culminating in this Appeal. – Pages 74-76 of the Record of Appeal.