Facts:

This is an appeal emanating from the High Court of Lagos State wherein the appellants filed an action against the respondents.

According to the appellants the crux of the dispute was the purported sale by the 1st respondent to the 2nd respondent of property at No. 8, Amal Street, Amukoko, Ajeromi Ifelodun Area of Lagos State belonging to the 2nd appellant. The appellants sought certain reliefs in the alternative against the respondents.

Pre-trial conference commenced at the lower court but the appellants and their counsel were consistently absent from the proceedings. As a result the lower court dismissed the suit pursuant to Order 25 Rule 6 High of Lagos State (Civil Procedure) Rules, 2004.

Aggrieved with the lower court’s decision, the appellants filed an application to relist the suit but the lower court dismissed same.

Dissatisfied the appellants appealed to the Court of Appeal.