Mr. Olasunkanmi Erinfolami & Anor V. Societies General Bank Nig. Ltd (2007)

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IGNATIUS IGWE AGUBE, J.C.A.

This is appeal against the Ruling of the High Court of Justice Ilorin Kwara State which was delivered by Elelu- Habeeb J. on the 4th day of May, 2006, whereby his Lordship dismissed the plaintiffs/Appellant’s Suit for want of diligent prosecution. Not satisfied with the ruling of the lower court, the Appellant with leave of this Honourable Court filed his Notice of Appeal containing three Grounds on the 17th day of October, 2007. For purposes of this judgment the Grounds of Appeal are reproduced hereunder as follows:-

GROUND 1:-

“The learned trial Judge erred in law in dismissing the appellant’s Suit even when the appellant’s Counsel was present in court.”

PARTICULARS OF ERROR IN LAW:-

i. The plaintiff’s evidence and those of his witnesses had not been completed before Han. Justice Olagunju, J. (as he then was) before he was elevated to the Court of Appeal.

ii. The plaintiff’s father who had earlier given his evidence died during the pendency of the suit.

iii. The present Plaintiff was later substituted for his late father.

iv. The plaintiff had all along appeared in court for his trial but the court did not sit.

v. The plaintiff’s counsel was present in court to explain the absence of the plaintiff on 4th May, 2006.

GROUND 2:-

“The learned trial Judge erred in law in dismissing the plaintiff’s suit,

WHEN,

i. Neither the defendant nor her Counsel was present in court on the 4th day of May, 2006.