Judgment
JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment) : In the notice of appeal filed on 21st day of May, 2019, the appellants (as claimants) appealed against the ruling of the High Court of Delta State, sitting at Otor-Udu (the trial Court) and under the heading “Part of the ruling appealed against”, the appellants indicated that the part of the ruling appealed against is “the whole ruling/proceeding of the 9th day of May, 2019.” In the ruling of the said date, the trial Court dismissed the application filed on the 15th day of April, 2019 by the appellants for: 1.
An order allowing the hearing/and or determination of the application, the costs earlier awarded with the condition that they be paid before the appellants can make any application in the suit having been paid. 2. An order vacating the order of foreclosure of the appellants from cross-examining seven witnesses of the respondents. 3. An order setting aside the testimony of the said seven witnesses 4. An order granting the appellants leave to re-open its case that had been closed. 5. An order of Court granting the appellants leave to amend their further amended statement of claim, etc. and 6.
Any further order. After dismissing the application, the trial Court proceeded to admit a letter from the office of the Surveyor-General as an exhibit, the 5th – 11th respondents closed their defence and thereafter the trial Court adjourned for adoption (of final written addresses).
The facts of the case leading to this appeal as it relates to the issue that may be considered in the course of this judgment are that the appellants sued the respondents at the trial Court for declaratory, monetary and injunctive reliefs in respect of a parcel of land known as DSC Corner situate at Oviri Quarters of Aladja Town. The case proceeded to hearing at which the appellants called one witness. After his cross-examination, the case was adjourned for continuation.
After series of applications were filed by the appellants and were struck out by the trial Court for one reason or the other, appellants’ counsel closed the case of the appellants and the case was adjourned for defence. Meanwhile, appellants filed two motions on notice, one of which was for them to further amend their amended statement of claim, etc. and the other was for leave for the appellants to re-open their case. On 28th day of March, 2019 when the case came up at the trial Court, appellants’ counsel was absent though the 1st appellant was in Court.
