The plaintiff commenced this action on 23rd November 1992 by a writ of summons and also filed his statement of clam on the same date. The action was then only against the 1st defendant. He was duly served with the processes.

As at May 1993 the defendant did not file a defence. This necessitated the plaintiff filing on 12/5/93, a summons for judgment or in the alternative, praying to set down the suit for trial. Adjournment of the case due to the absence of defendant and his Counsel followed on 28/5/93 and the matter was adjourned to 16/11/93 for hearing. On that date the defendant and his counsel were again not in Court and trial commenced. Plaintiff gave evidence and called two witnesses and closed his case. Counsel M.R. Ohwovoriole Esq. addressed the Court and judgment was fixed for 25/11/93.

On 22/11/93, the defendant filed an affidavit of urgency with a motion for change of Counsel, enlargement of time to file defence, arrest of judgment and leave to adduce evidence by the defendant. Recall of plaintiff and his witnesses for cross-examination was sought and obtained following this.

For, on the hearing date, plaintiff's Senior Counsel Mr. Ohwovoriole decided not to oppose the motion, which the Court duly granted on 24/11/93. Upon the defence being filed, on 24/11/93 the plaintiff also filed a Reply thereto on the same 24/11/93.

Trial reopened on 15th December 1993, the plaintiff was recalled and cross-examined by Mr. Oyewo the new Counsel for the defendant. He was re-examined; PW2 was also recalled and cross-examined by the defence Counsel. The 3rd witness said to be hospitalized could not be taken.

The defence called two witnesses. In the course of the testimony of DW2 a document sought to be tendered, was rejected and the defence obtained leave to appeal on this. He also applied for stay of further proceedings, which was refused. Trial was further delayed.

Some or part of the sequence of events, which I consider important, is worth recalling here also.

It is, that after the processes were served on the 1st defendant after the commencement of the suit, his Counsel filed and argued applications to which the trial judge gave Ruling. After that Counsel and the defendant began to absent themselves and infact never filed any defence.

This was the state of affairs, when in May, 1993 the respondent's Counsel applied for hearing date by the motion earlier referred to above.

Also after the matter was reopened at the instance of the 1st defendant, his two witnesses who testified were one Land Surveyor who testified that Gabriel Nwosu, PW2 had employed him in 1992 to survey the land in dispute and also Gabriel Nwosu, himself, (DW2) who testified that he was the vendor of the 1st defendant/appellant in respect of the same piece of land in 1992.

Further delay in the trial occurred. For when hearing was to continue, it did not. The 2nd defendant purported to have purchased the same land, which is the subject matter of this suit in 1995 while this suit, commenced in 1992, was pending. He then applied to be joined in the suit. He was duly joined, the plaintiff's Senior Counsel not opposing.

The 2nd defendant also applied to recall once more, the witnesses. The Senior Counsel for the plaintiff not opposing, the witnesses were duly recalled. The plaintiff's Senior Counsel also conceded the matter on appeal by the 1st defendant on the issue of admissibility of the defendant's document, earlier mentioned. Plaintiff and his witness were again recalled and cross-examined by Mr. Fayemi for the 2nd defendant. Trial was then to continue. For various reasons it did not. Appellant's Counsel, Mr. Oyewo at a stage, on 5th July 1996 informed the Court that his witness had traveled to the USA, outside the country. He wanted the case adjourned to November, but Court refused. The 2nd defendant's Counsel on his part, later, tendered from Bar, 3 documents as his evidence, conceded by plaintiff's senior Counsel. The 2nd defendant did not testify orally. Parties were to address the Court on 4/10/96 and 15/10/96. On both dates, Chief Oyewo for 1st defendant was not in Court. Plaintiff's Senior Counsel had addressed on 4/10/96. Counsel for 2nd defendant tendered his 3 documents in evidence.

On 15/10/96, Counsel for the 1st defendant, Oyewo filed a written address with a motion to reopen the case for address. Mr. Fayemi for 2nd defendant asked for time till 18/10/96 to type and file a written address. Mr. Ohwovoriole SAN for the plaintiff not opposing the matter was adjourned to 18/10/96 as requested by Mr. Fayemi. The records show that the matter came up on 18/10/96 but did not proceed, and then on 28/10/96, when defendants and their Counsel were not in Court and on 1/11/96, when all parties were represented, as Mr. Fayemi held Chief Oyewo's brief and the Senior Counsel for the plaintiff orally addressed, after referring to the written addresses of the 2nd defendants filed on 17/10/96 and 18/10/96 respectively.

The matter was thereafter adjourned for judgment.

At the conclusion of trial, the trial court gave judgment in favour of the respondent. The appellant being dissatisfied appealed to the Court of Appeal. The 2nd defendant did also appeal but he did not pursue it.